Law Enforcement Body-worn Camera Act

• Senate Offier of the s retarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 SEP -2 A10:05 SENATE 1328 S. No. _ поток 10 Introduced by Senator MARK A. VILLAR AN ACT MANDATING LAW ENFORCEMENT OFFICERS TO USE BODY-WORN CAMERAS DURING LAW ENFORCEMENT AND SPECIAL POLICE OPERATIONS, PROVIDING FUNDS THEREFOR EXPLANATORY NOTE Article III, Section 1 of the 1987 Constitution guarantees that no person shall be deprived of life, liberty, and property without due process of law. There have been increasing reports of civilian deaths related to the execution of warrants issued by the trial courts, with the circumstances surrounding such deaths being widely disputed. The use of body-worn cameras in other countries has become a standard in law enforcement agencies and plays an indispensable role in enhancing the transparency and legitimacy of the operations conducted with them. To strengthen the conduct of police operations, boost the public's confidence in law enforcement institutions, and remove doubts on human rights abuse and police brutality, there is a need to institutionalize the introduction of body-worn cameras and expand its application in the Philippines. Thus, this bill seeks to mandate that law enforcement officers wear body-worn cameras and ensure that both the video and audio recording functions are activated, commencing recording during the operations as enumerated in this bill. To preserve the credibility of such recordings, the bill outlines the procedure for the submission and retention of the same. In addition, this bill likewise enumerates prohibited acts

and corresponding penalties thereto, namely: failure to observe the requirements of body-worn cameras, accessing recordings due to negligence, spoliation of recordings, and unauthorized use of recordings. In view of the foregoing, immediate approval of this bill is earnestly sought. MARK A. VILLAR

Senate Offite of the sermary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) SEP -2 A10:05, SENATE RECEIVED EY. S. No. 1328 Introduced by Senator MARK A. VILLAR AN ACT MANDATING LAW ENFORCEMENT OFFICERS TO USE BODY-WORN CAMERAS DURING LAW ENFORCEMENT AND SPECIAL POLICE OPERATIONS, PROVIDING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Law Enforcement Body-

2 worn Camera Act.

Sec. 2. Declaration of Policy. - It is the declared policy of the State to maintain

peace and order, protect life, liberty and property and promote the general welfare. Towards this end, the State shall continuously develop mechanisms to help improve law enforcement transparency and accountability through: a) Proper documentation of interactions between law enforcement officers and the public during law enforcement operations; b) Utilization of modern technology as a tool to deter incidents of abuse or misconduct by law enforcement officers during legitimate law enforcement operations, as well as safeguard these law enforcement officers' rights against false accusations; c) Formulation of means to reduce the cost and impact of crime in the community; and

Sec. 3. Definition of Terms. - As used in this Act:

(a) Alternative Recording Device (ARD) refers to an electronic camera system which is not a body-worn camera, that is capable of creating, generating, sending, receiving, storing, displaying, and processing audio-visual recordings, and may be worn during law enforcement activities. To be used as a functional equivalent of body-worn camera as defined herein, it shall comply with the minimum requirements set forth by the law enforcement agencies in accordance with this Act: Provided, That the alternative recording device shall be capable of capturing with reasonable clarity the events that transpire during the law enforcement operation; (b) Body-worn Camera (BWC) refers to an electronic camera system designated to law enforcement units for creating, generating, sending, receiving, storing, displaying, and processing audio-visual recordings that shall be worn during law enforcement operation; (c) Data Custodian refers to a designated officer of the law enforcement agency, who has the responsibility of storing and safekeeping data recorded from body- worn cameras and other alternative recording device; (d) Law Enforcement Agency refers to the Philippine National Police, the National Bureau of Investigation, and the Philippine Drug Enforcement Agency; (e) Law Enforcement Officer means any person authorized by law to conduct law enforcement, special police operations, including but not limited to preventing, investigating, apprehending, or detaining individuals suspected or convicted of offenses punishable under Philippine laws, and other similar police, and law enforcement operations; (f) Law Enforcement Operation refers to any legitimate operations to enforce laws, statues, executive orders, and ordinances including but not limited to the service of warrant of arrest, hot pursuit operations, enforcement of visitorial powers, anti-illegal drug operations, anti-

cybercrime operations, anti-human trafficking operations, checkpoint operations; and (g) Recording refers to digital material generated as a result of using body- worn cameras or alternative recording devices, which contains images and audio- video footage. It shall include the copies of the material created by way of copying to portable media storage and other data repositories.

Sec. 4. Mandatory Use of Body-worn Camera. - Law enforcement officers are

hereby mandated to wear and activate body-worn cameras to capture and record the 10 conduct of law enforcement operations: Provided, That in case of unavailability of body-worn cameras, the law enforcement officers shall use alternative recording devices subject to the requirements under this Act.

Sec. 5. Minimum Standards for Body-worn Camera. - Body-worn camera shall

meet the following minimum standard requirements: (a) Video Resolution 720 p (b) Frame rate 30 frames per second : Built-in (c) Audio (d) Date and time sampling : Built-in (e) GPS : Built-in (f) Battery life eight (8) hours continuous (g) Storage capable of storing eight (8) hours continuous audio-video footage (h) Low-light recording : with a night mode built in, a low lux rating, and/ or and infrared (IR) illuminator

Sec. 6. Guidelines for the Use of Body-worn Camera. - Law enforcement

officers mandated to wear body-worn camera under this Act shall ensure that: (a) Both the video and audio recording functions of the BWs/ ARDs shall be activated and shall commence recording: I. For Warrant of Arrest and Search Warrant Execution, when officers approach the target location or upon receiving instructions to proceed with the operation;

II. For Warrantless Arrest or Search, at the time when officers have reasonable suspicion or probable cause to conduct such actions; III. For Entrapment, Buy-Bust Operations, and other planned law enforcement operations, immediately upon arriving at the place of operations; IV. For Hot Pursuit Operations, as soon as officers are engaged in pursuit of suspects or vehicles involved in criminal activities, ensuring that recording captures the entire pursuit; and V. For Response to Calls or Services, upon dispatch of a law enforcement officer in response to a call or service request. (b) The Recording shall only be terminated: I. For Warrant of Arrest and Search Warrant Execution, when the law enforcement officers have completed the execution of the warrant, left the premises or area specified in the warrant, and endorsement of custody of the person arrested and the items seized to the authorized unit or agency; II. For Warrantless Arrest or Search, upon conclusion of the warrantless arrest or search, including the transportation of suspects or evidence for custody to the authorized unit or agency; III. For Entrapment Operation, Buy-Bust Operation, and other planned law enforcement operations, upon the conclusion of the buy-bust operation, encompassing the arrest of suspects, seizure of contraband, departure of law enforcement officers from the operation location, and the taking of the arrested persons and seized items for custody to the appropriate unit or agency; IV. For Hot Pursuit Operations, upon the conclusion of pursuit, either upon the apprehension and taking for custody of suspects or upon officers discontinuing the pursuit and the return of law enforcement officers to their respective units; and V. For Response to Calls or Services: Recording shall persist until the officers have resolved the situation or incident at the scene and have left the premises, ensuring comprehensive documentation of the response.

(c) Body-worn cameras shall be worn in a location and manner that maximizes the camera's ability to capture a video footage of the law enforcement officer's activities during the conduct of law enforcement operation; and (d) Body-worn cameras shall record in full all the activities incidental to the conduct of the operation.

Sec. 7. Prohibition on the Use of Body-worn Cameras. - The use of body camera

shall not be allowed in the following instances: (a) It shall not be used to gather intelligence information based on protected speeches, associations, or religion, or to record activity that is unrelated to a response to a call or service or a law enforcement officer and the member of the public; (b) In locations where individuals have a reasonable expectation of privacy, unless the recording is being made pursuant to a valid arrest or search warrant of the individuals or location, or pursuant to a valid warrantless arrest and search in accordance with established rules; (c) During privileged communications between the subject of recordings and other individuals, such attorney, members of the clergy, peer support counselors, and medical professionals; (d) The recording would pose a serious threat to national security; and (e) To obtain data or information surreptitiously that is unrelated to the purpose of the law enforcement operation being conducted.

Sec. 8. Submission of Recording. - Any law enforcement officer tasked to wear

and activate BWs or ARDs shall submit to the data custodian of their law enforcement agency the recordings of their BWs or ARDs used in the law enforcement operation within forty-eight (48) hours from the termination of such law enforcement operation. Failure to submit the recordings within the period of time specified herein may subject the concerned law enforcement officer to administrative penalty.

Sec. 9. Custody and Period of Retention of the Recordings. - All recordings

from the body-worn camera or alternative recording devices used during the operation shall be stored in an external media storage device and shall be under the custody of the law enforcement agency that employs the officer whose camera captured the

1 footage, or an authorized agent thereof, for thirty (30) days after the date it was 2 endorsed to the data custodian of such law enforcement agency. In case there is an order from a judicial, administrative, or quasi judicial body 4 requesting for a copy of the footage, said footage shall be retained by the data 5 custodian and will be permanently deleted only after the termination of the case.

Sec. 10. Use of Redaction Technology. - Whenever doing so is necessary to

protect an individual's personal data, the identity of a confidential source or crime 8 victim, or the life or physical safety of any person appearing in video footage, redaction g technology may be used to obscure the face and other personally identifying 10 characteristics of that person, including the tone of the person's voice: Provided, That the redaction does not interfere with a viewer's ability to fully, completely, and accurately comprehend the events captured on the video footage: Provided, further, That when redaction is performed on video footage pursuant to this Section, an unedited, original version of the video footage shall be retained by the law enforcement agency: Provided, finally. That no other editing or alteration of video footage, including a reduction of the video footage's resolution, shall be permitted under this Act.

Sec. 11. Access and Disclosure of Recordings. - Subject to the provisions of

19 Republic Act No. 10173 or the "Data Privacy Act of 2012" , only persons duly authorized 20 by the head of the concerned law enforcement agency may be allowed to access recordings under their custody. The head of law enforcement agency may, in its discretion, grant the use, viewing, copying, or disclosure of recording to upon request of the following individuals: (a) Law enforcement officers, in connection with the subject of the operation or incidental to the occurrence of their operation; (b) Any person who is a subject of the recording or his or her counsel: Provided, That in case of a minor, his or her parent, guardian or counsel may be authorized; (c) The spouse, next of kin, or legally authorized designee of a deceased subject of the recording, or his or her counsel;

(d) Any parties in interest in connection with a pending criminal or civil proceeding to prevent a serious threat to the fair administration of justice; and (e) Any person duly authorized to determine administrative or criminal violation of a law enforcement officer during the course of law enforcement operation.

Sec. 12. Prohibited Acts. It shall be unlawful for any of the identified persons

6 to perform the following acts: (a) Failure to Observe the Requirements for Body-Worn Cameras. - Any law enforcement officer who fails to adhere with the requirements on the mandatory use of body-worn cameras, or as prescribed in Sections 4, 6, 7, 8, and 9 of this Act shall be subject to the following penalties: (1) first offense - punishable by suspension of one (1) month and one (1) day to six (6) months; (2) second offense - punishable by suspension of six (6) months and one (1) day to one (1) year plus demotion to the next lower position: Provided, That in case there is no such next lower position available, he or she shall suffer diminution in salary corresponding to the next lower salary grade; and (3) third offense - dismissal from the service; (b) Accessing Recording Due to Negligence. - Any person who, due to negligence, provides access to recordings without being authorized under this Act or any existing law shall be penalized by imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five Hundred Thousand Pesos (Php500,000.00) but not more than Two Million Pesos (Php2,000,000.00); (c) Spoliation of recording. - Any person who will tamper with, alter, conceal, manipulate, falsify, or destroy a recording with the intent to interfere with an investigation shall be penalized by imprisonment ranging from six (6) months to two (2) years and a fine of not less than One Hundred Thousand Pesos (Php|00,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00); and (d) Unauthorized Use of Recordings - Any use of the recording that are not in accordance with the objective of this Act shall be punishable with an

imprisonment of not less than six (6) months but not exceeding six (6) years, or a fine not less than One Hundred Thousand Pesos (Php 100,000.00) but not more than One Million Pesos (Php 1,000,000.00) or both such fine and imprisonment at the discretion of the court.

Sec. 13. Appropriations. - The initial amount necessary for the implementation

6 of this Act shall be charged against the current fiscal year's appropriations of the law enforcement agency involved. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General 9 Appropriations Act.

Sec. 14. Implementing Rules and Regulations. - The Department of the Interior

and Local Government and the Department of Justice, in consultation with the PNP, NBI, PDEA, and other concerned government agency, shall within sixty (60) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.

Sec. 15. Separability Clause. - If any provision of this Act is held invalid or

unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

Sec. 16. Repealing Clause. - All other laws, decrees, executive orders and rules

and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,