75
has referred to arguments that the use of body-worn cameras can have a preventive impact on the use of force by police, particularly excessive force, and unlawful
behaviour by civilians.109
However, he also raised concerns that cases where the police have the power to
decide when to turn the camera on can lead to selective documentation when police
have the power to decide when to turn the camera on and, additionally, emphasizing
the importance of protecting the right to privacy of civilians and police.110
Amnesty International has expressed concern that the use of body-worn cameras during public gatherings may have a chilling effect on the exercise of the right to freedom
of peaceful assembly, noting that those who do not want to have their image captured
by police may avoid participating. This is particularly the case when people fear the images may later be used to prosecute people for having participated in the assembly.111
The collection and processing of personal information, such as through recording
devices or CCTV, must comply with protections against arbitrary or unlawful interference with privacy.112 The right to privacy may be affected when images of people are
stored for too long or used again in the future. The collection of information by law
enforcement may be useful for the proper management of assemblies. However,
any such actions must comply with protections against arbitrary or unlawful interference with privacy, bearing in mind their intrusive nature. UN Special Rapporteur on
the Rights to Freedom of Peaceful Assembly and of Association and the Special
Rapporteur on Extrajudicial, Summary or Arbitrary Executions have stressed that
“States should develop and implement laws and policies requiring that personal
information may be collected or retained only for a lawful, legitimate law enforcement purpose. Such information should be destroyed after a reasonable time period
set out in law.” 113
109 UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, report submitted to the
Human Rights Council, 24 April 2015, UN Doc. A/HRC/29/37, paras. 57-58.
110 UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, “Report Submitted to the
Human Rights Council”, 24 April 2015, UN Doc. A/HRC/29/37, para. 59.
111 Amnesty International, “Use of Force: Guidelines for Implementation of the Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials”, Amnesty International website, August 2015,
https://w w w.amnesty.org.uk/files/use_of_force.pdf, p. 81. Amnesty International, p. 81.
112 UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association and the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, “Joint Report Submitted to the Human
Rights Council on the Management of Public Assemblies”, op. cit., note 92, A/HRC/31/66, para. 73-78
113 UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association and the
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, “Joint Report Submitted to the
Human Rights Council on the Management of Public Assemblies”, UN doc. A/HRC/31/66, 4 February
2016, para. 65, <https://digitallibrar y.un.org/record/831673?ln=en>.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents