The PSNI has launched action against 74 police officers after it was found that they had accessed body-worn video footage without a legitimate policing purpose for doing so.
The news of what has been described as “management action” taken against the officers comes after a Police Ombudsman investigation found that the specific footage had been viewed unofficially almost 250 times.
The clip was described as showing an arrest of a member of the public for possession of illegal drugs, during which the arresting officer made an error while administering a criminal caution, causing a colleague to laugh in the background.
Chief Executive of the Police Ombudsman’s Office, Hugh Hume, said the video “may have been viewed for entertainment and amusement, but the officers who did so showed little regard for the privacy of the man being arrested, nor for the emotional wellbeing of their colleague featured in the video”.
He also highlighted what was described as “the weaknesses in the control of access to body-worn video”, adding that: “There remains a significant residual risk that private and personal data can be accessed without a legitimate policing purpose.”
Investigators established that between December 2019 and November 2022, footage of the incident had been accessed 248 times by 82 police officers – and one civilian staff member — based at 20 police stations across Northern Ireland.
Most had accessed it once or twice, but many did so more often, including one officer who accessed it 21 times.
Deputy Chief Constable Chris Todd
Further enquiries established that only five police officers and one civilian staff member had a legitimate reason for accessing the video.
The Ombudsman investigation concluded that 74 officers had no legitimate reason for doing so and two officers had since retired and could no longer be held accountable for misconduct.
Another officer remains the subject of a separate and ongoing Police Ombudsman investigation examining potential criminality in relation to accessing the footage.
The issue came to light during a Police Ombudsman investigation of a separate matter, during which usage of the PSNI’s body-worn video system was examined.
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In response, Deputy Chief Constable Chris Todd said that the PSNI “expects all employees to behave professionally, ethically and with the utmost integrity at all times and where it is perceived that conduct falls short of these high standards, it is right that officers should face impartial investigation by the Police Ombudsman’s office”.
The service has since accepted three of the recommendations made by the Police Ombudsman.
DCC Todd noted that a “range of measures” have now been put in place “to ensure officers are aware of their responsibilities regarding the legislative requirements relating to acceptable use and Data Protection implications of viewing body-worn footage”.
Anyone requesting access to body-worn footage must provide a ‘reason for access’ which outlines the lawful rationale for doing so.
“We have also recently introduced additional safeguards including regular but proportionate dip sampling by line managers as well as independent scrutiny via our newly established Service Accountability Panel,” the senior officer continued.
“We are satisfied that these measures achieve the same end result as that sought by the Ombudsman’s fourth recommendation.
“Following the outcome of the PONI investigation, the Police Service implemented the appropriate management action and will continue to keep procedures and policies regarding access to body-worn video under continuing review.”
PSNI Deputy Chief Constable Chris Todd
Mr Hume described the PSNI’s decision to take management action against the 74 officers who accessed the footage without proper reason as a “reasonable and proportionate outcome”.
“The responses received from officers, when asked to provide their reasons for accessing the video, suggested an apparent lack of awareness that doing so might constitute a criminal or misconduct offence,” he said.
“A number of officers indicated in their responses that as a result of the investigation by the Police Ombudsman’s Office they had refreshed their knowledge of PSNI guidance regarding body-worn video, which I welcome.”
However, he expressed concern that the PSNI did not accept a fourth recommendation for a dip sampling exercise “to evaluate the scale of unauthorised access to the body-worn video system.
“On this occasion the Police Ombudsman has taken the exceptional decision to share these findings with the Information Commissioner’s Office in order that they can consider whether our insights can inform their work.”
News Catch Up – Wednesday 30 October