Volume 43, Issue 4 pp. 1236-1256
ARTICLE

Body Cameras, Big Data, and Police Accountability

Mary D. Fan

Mary D. Fan

Mary D. Fan: is the Henry M. Jackson Professor of Law at the University of Washington School of Law. E-mail: [email protected]. This article has benefited from the excellent insights and suggestions of the faculties at the University of Colorado, University of North Carolina, and Vanderbilt University schools of law. Thanks especially to Frederic M. Bloom, Andrew Crespo, Monica Eppinger, Craig Konnoth, Scott Gordon Skinner-Thompson, Richard Myers, Chris Slobogin, and Richard Stallman for insights and expertise on the topics in this article. The author has no conflicts of interest or external funding to report.

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First published: 05 March 2018
Citations: 20

Abstract

The increase in data from police-worn body cameras can illuminate formerly opaque practices. This article discusses using audiovisual big data from police-worn body cameras, citizen recordings, and other sources to address blind spots in police oversight. Based on body camera policies in America's largest cities, it discusses two possible roadblocks: (1) data retention and deletion, and (2) limits on use for evaluation and discipline. Although recordings are retained for criminal prosecutions, retention for oversight and accountability is overlooked or is contentious. Some departments have no policy on videos concerning civil suits against the police. The retention time for non-evidentiary recordings is also much shorter. Some policies limit their use for evaluation and discipline. Transactional myopia—seeing at the case rather than the systemic level—leads to a focus on specific footage for particular cases, rather than the potential of aggregated body camera big data to reveal important systemic information and to prevent the escalation of problems.

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