PLEASE NOTE: THIS RESOLUTION WILL BE DEBATED AT THE 2015 COUNCIL MEETING. RESOLUTIONS ARE NOT OFFICIAL UNTIL ADOPTED BY THE COUNCIL AND THE BOARD OF DIRECTORS (AS APPLICABLE). RESOLUTION: 14(15) SUBMITTED BY: Larry Bedard, MD, FACEP Jerome Hoffman, MD, FACEP SUBJECT: Body-Worn Cameras for Police PURPOSE: Directs ACEP to create a policy statement endorsing laws requiring police officers to wear bodyworn cameras. FISCAL IMPACT: Budgeted committee and staff resources. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, Emergency Physicians often have a close and special relationship with local, county, and state law enforcement officers; and WHEREAS, A voluminous body of research across various disciplines has shown that when humans become self-conscious about being watched, they often alter their conduct for the better; and WHEREAS, Many law enforcement agencies are using body-worn cameras in various ways to improve evidence collection, to strengthen officer performance and accountability, to enhance agency transparency, to document encounters between police and the public, and to investigate and resolve complaints and officerinvolved incidents; and WHEREAS, The use of body-worn cameras has been shown to reduce the rates of complaints against police officers and the use of force by police; therefore, be it RESOLVED, That ACEP believes that all armed police officers be equipped with and required to use body-worn cameras; and be it further RESOLVED, That ACEP endorse and support local ordinances and state laws that require police officers to wear body-worn cameras. Background This resolution directs ACEP to create a policy statement endorsing laws requiring police officers to wear bodyworn cameras. The concern regarding accountability of public servants, specifically law enforcement officers, in their interactions with private individuals, has received a great deal of media attention over the past few years. The increasing use of body-worn cameras by police departments around the country can create accountability for the officers, as well as protect them from unfounded allegations of abuse of power. Specifically, the University of Cambridge has reported that body-worn cameras can prevent the unacceptable use of force by police officers.1 It is difficult to assess accurately the number of departments requiring the use of body-worn cameras, but a study conducted by the American Civil Liberties Union in 2013, and updated in March 2015, estimates that approximately 25% of the nation’s 17,000 police agencies are using them.2 Conversely, the use of body-worn cameras comes with the risks of invasion of privacy, chain of custody issues, possible evidence tampering, including concerns regarding violation of laws in some states regarding two-party consent before any video recording.3 Finally, if an officer accidentally records a patient’s private medical information, this is likely a violation of HIPAA. Many hospitals throughout the country are attempting to ban the Resolution 14(15) Body-Worn Cameras for Police Page 2 use of police-worn cameras in their facilities, and some states have enacted legislation to narrow the scope of their use. ACEP’s Ethics Committee has been assigned an objective for the 2015-16 committee year to “Develop a policy statement on the use of body cameras in the ED.” Resolution 30(15) Use of Body Cameras Worn by Law Enforcement in the ED, has also been submitted to the 2015 Council. That resolution calls for the restriction of body-worn cameras used by police officers while in the emergency department and is based upon concerns regarding patient privacy. References 1 Lewsey, F. (2014, December 23). First Scientific Report Shows Police Body-Worn Cameras Can Prevent Unacceptable Use-of-Force. Retrieved from www.cam.ac.uk. 2 Stanley, J. (2015, March 24). Police Body-Mounted Cameras: With Right Policies in Place, a Win For All. Retrieved from www.aclu.org. 3 Ferrell Jr., C. (2013, October). The Future is Here: How Police Officers’ Videos Protect Officers and Departments, Chief’s Counsel, The Police Chief. ACEP Strategic Plan Reference Promote quality and patient safety, including development and validation of quality measures. Fiscal Impact Budgeted committee and staff resources. Prior Council Action None Prior Board Action None Background Information Prepared by: Leslie Patterson Moore, JD General Counsel Reviewed By: Kevin Klauer, DO, EJD, FACEP, Speaker James Cusick, MD, FACEP, Vice Speaker Dean Wilkerson, JD, MBA, CAE, Council Secretary and Executive Director