Can I Legally Use A Body Camera?

[RogerOut]

I’m a bus driver for a national company ( outside London). My question is, can I use a body worn camera for my own personal use? I know we have Cctv on our buses but I’m not always convinced they work and I’ve heard the bus companies don’t always want to use footage to go against other drivers, even if it favours the bus driver, their own employee.

I’m increasingly seeing aggressive driving, other motorists threatening and abusing bus drivers, sometimes threatening and actually assaulting drivers.

So I’d like to buy a body cam. I won’t wear it all the time, but would have it to hand , so if I’m in a vulnerable situation, I can get it out quickly and film. I would upload footage to the police myself and would post on social media anonymously, under a different name.

Obviously I would report incidents to the bus company anyway.

Can I legally grab a body cam from my bag and record someone ? I obviously can’t get out my mobile phone and do this while in the cab of a bus.

I think once someone has a camera pointing at them, and they know they are being filmed it might make them think twice. Either way, I would have my own evidence.

 

[Simon75]

I think with cctv that police can only authorise sharing cctv (or the case was), even anonymously

 

[RogerOut]

I think with cctv that police can only authorise sharing cctv (or the case was), even anonymously

But YouTube and Facebook is full of people sharing videos of other people.
Surely I can upload videos of people on social media?

Auditing Britain goes around filming all sorts of people and puts it on his YouTube channel.

If someone threatens me or drives dangerously, I can use my personal footage to send to the police ?

 

[tomuk]

I’m a bus driver for a national company ( outside London). My question is, can I use a body worn camera for my own personal use? I know we have Cctv on our buses but I’m not always convinced they work and I’ve heard the bus companies don’t always want to use footage to go against other drivers, even if it favours the bus driver, their own employee.

I’m increasingly seeing aggressive driving, other motorists threatening and abusing bus drivers, sometimes threatening and actually assaulting drivers.

So I’d like to buy a body cam. I won’t wear it all the time, but would have it to hand , so if I’m in a vulnerable situation, I can get it out quickly and film. I would upload footage to the police myself and would post on social media anonymously, under a different name.

Obviously I would report incidents to the bus company anyway.

Can I legally grab a body cam from my bag and record someone ? I obviously can’t get out my mobile phone and do this while in the cab of a bus.

I think once someone has a camera pointing at them, and they know they are being filmed it might make them think twice. Either way, I would have my own evidence.

Legally you are completely within your rights to wear a bodycam there is no 'right to privacy' as such. The big issue for you, and why I would tread very carefully, is whether it is permitted by your employer.

 

[Scott1]

You can wear a body cam, in the same way you can use your phone to film someone. I'd advise checking where you stand with your employers policy, obviously, but legally you're fine. The only time you couldn't be filming is where there is an expectation of privacy, like a bathroom.

Be aware uploading, even anonymously, you could be identified by location, time, what's in the footage and so on.

 

[Simon75]

What are the rules with body worn cameras and GDPR

Do body worn cameras comply with GDPR. What are the rules? Check out our guide to body worn cameras and what you need to know.

www.sflmobileradio.co.uk

New regulations relating to data protection and privacy came into place in May of last year better known as General Data Protection Regulation (GDPR). GDPR sets out to protect individuals by regulating businesses who collect and process information on individuals and there are various requirements that need to be met in order to comply. Non-compliance can lead to fines and penalties.

One thing that is covered by GDPR is CCTV and how footage of individuals is collected and used. Because of this may businesses are questioning how the regulation effects Body Worn Cameras. Body worn cameras can help to keep users safe and diffuse potentially dangerous situations. As such Body worn cameras are now commonly used in many industries including public service, security, retail, hospitality and stadia to name a few.
As far as GDPR, body worn cameras do not fall under the same category as CCTV, there is however a lot of cross over with the guidelines in particular if they plan to use the footage as supporting evidence.

Regulations Summary​

• Collected for a legitimate and specific reason within the confines of the law. It should not be further processed outside of these confines
• Processed lawfully and Transparently
• Relevant and limited to what is necessary
• Accurate
• Kept securely and for no longer than necessary
• Complaint with the individual’s (data subjects) rights
• Not further transferred without adequate security in place
• Filming must take place in a public or semi-public place. Semi-public refereeing to private property that gives access to the public e.g. a supermarket.
• Rights to privacy often depend on what is being filmed, for example those being filmed conducting illegal activity would be reasonably expected to have less entitlement to privacy.
• In private places such as households permission must first be granted to film

In order to comply with the above it is important to consider the device that is being used. For example some Body Worn Cameras offer features such as time and date stamps. Others have security measures in place to control who exports the data with access only granted to authorised users. Features such as these help ensure compliance.

In summary Body Worn Cameras are compatible with GDPR regulations as long as the data is collected in the correct manner, treated properly following on from this and not kept any longer than needed.

 

[GusB]

I would caution against wearing one unless it was supplied by your employer, and especially if you intend to use it to film individuals. Consider what would happen if someone contacted your company to make a subject access request - the company would be unable to supply it because they're not in control of the data that's being captured. It could get quite messy.

@RogerOut, do you have a union rep that you could discuss this with? Might be worth having a word if necessary, and if the issues that you describe are so bad, they should be bringing this up with the company.

 

[RogerOut]

Yes I can mention this to my union rep.
Can I legally use my phone then to film someone who’s got out their car to come and speak to me? Isn’t this still classed as aggressive behaviour by them? Road rage ?
If my engine is off, can I use my mobile phone ?

 

[wibble1989]

Yes I can mention this to my union rep.
Can I legally use my phone then to film someone who’s got out their car to come and speak to me? Isn’t this still classed as aggressive behaviour by them? Road rage ?
If my engine is off, can I use my mobile phone ?

There's legalities and company policies.

Legally you can, but your company might class it as gross misconduct.

Check with union rep and line manager.

 

[Geordie driver]

I’m a bus driver for a national company ( outside London). My question is, can I use a body worn camera for my own personal use? I know we have Cctv on our buses but I’m not always convinced they work and I’ve heard the bus companies don’t always want to use footage to go against other drivers, even if it favours the bus driver, their own employee.

I’m increasingly seeing aggressive driving, other motorists threatening and abusing bus drivers, sometimes threatening and actually assaulting drivers.

So I’d like to buy a body cam. I won’t wear it all the time, but would have it to hand , so if I’m in a vulnerable situation, I can get it out quickly and film. I would upload footage to the police myself and would post on social media anonymously, under a different name.

Obviously I would report incidents to the bus company anyway.

Can I legally grab a body cam from my bag and record someone ? I obviously can’t get out my mobile phone and do this while in the cab of a bus.

I think once someone has a camera pointing at them, and they know they are being filmed it might make them think twice. Either way, I would have my own evidence.

Legally I would say you can wear one, but never publish it anywhere online. With modern devices it would be possible to record your entire day. I doubt the company would allow it.

A more important question I would ask is what sort of company gathers information like this then refuses to use it to support it's staff? Are they a good employer?

Never touch your mobile phone when in the cab, ever, even in an emergency I would turn the bus off and step outside.

 

[RogerOut]

It doesn’t seem fair though that members of the public can stop their car, get out, have a go at a bus driver, then film, or take a photo of them?

Could we use a normal camera to take a photo of them if they approach us aggressively? Even one of those disposable cameras that we used to get issued?

 

[AlterEgo]

Yes I can mention this to my union rep.
Can I legally use my phone then to film someone who’s got out their car to come and speak to me? Isn’t this still classed as aggressive behaviour by them? Road rage ?
If my engine is off, can I use my mobile phone ?

If you are this worked up about other drivers - an occupational hazard in your profession - then you need to speak to your union, and then your management at the first instance.

 

[Busaholic]

without claiming this is in any way a definitive legal position, I would say you have the liberty to wear and use a body camera from the moment you leave your house, walk/cycle/drive/bus/train to your place of work (presumably a bus depot/garage), but the moment you enter your employer's property your 'rights', though not extinguished, may become constrained by the employer's policy on such matters. These may not exist until you actually step into the driver's cab, and maybe at present not even then, but I'd think one would soon get framed in the event of you or any other bus driver seeking to use bodycam evidence in their favour without the express permission of their employer. Unlike most car drivers, you're not a 'freelance' when you're bus driving, you are an employee and representative of your employer, and anything caught on camera in these situations could be construed as being their copyright during your turn of duty.

Having said all that, you have my sympathies and, should you decide to proceed with your idea, I'd be very interested in any feedback. I still think you need to share at work first, as others have suggested.

 

[etr221]

Approaching this from the other side, as a potential filmee, my thought is that as a bus driver in the cab and (I expect) uniform, you are acting as an employee, hence agent, of your employer (the bus company), and I would view any filming done as being on their behalf, and as something they are responsible for, and so - potentially - that, if not approved, they could regard as misconduct (with consequences).
So I would suggest that 'private enterprise' filming would be, at best, unwise, and should not be done. But if you (i.e. the OP) feel that filming is desirable (something I can understand), then it is something you should - via union and management - request that it be done officially, with procedures laid down and camera supplied by the company.

 

[Busaholic]

Approaching this from the other side, as a potential filmee, my thought is that as a bus driver in the cab and (I expect) uniform, you are acting as an employee, hence agent, of your employer (the bus company), and I would view any filming done as being on their behalf, and as something they are responsible for, and so - potentially - that, if not approved, they could regard as misconduct (with consequences).
So I would suggest that 'private enterprise' filming would be, at best, unwise, and should not be done. But if you (i.e. the OP) feel that filming is desirable (something I can understand), then it is something you should - via union and management - request that it be done officially, with procedures laid down and camera supplied by the company.

I agree with that viewpoint.

 

[ainsworth74]

I suspect the situation will likely boil down to that it is perfectly legal to do what the OP proposes there is, after all, no expectation of privacy in a public place like a road or bus. However from an employment point of view its a veritable minefield and doing so without going through the company and, if relevant, Union may well prove detrimental to their employment prospects!

 

[Mwanesh]

I would suggest you get the spy pen you just clip it on your pocket like a normal pen. I have one somewhere I got it off Amazon. I just pressed the top and it would record.

 

[Tetchytyke]

It’ll be a whole minefield with GDPR as the OP is intending to use a semi-concealed camera at work and in line with the course of his work. Employers can be held vicariously liable for things their staff do, and GDPR fines can be huge, so if someone clocks the bodycam and makes a complaint/subject access request I would fully expect the OP to be invited to a meeting sans biscuits.

Not illegal exactly, but will almost certainly open a whole world of pain and will likely result in a P45 if detected.

 

[RogerOut]

But anyone in public life can walk around with a body cam. Lots of HGV drivers are on YouTube recording their own footage.

As for anyone requesting footage, how can they if it’s my personal equipment? If someone filmed you doing anything, you couldn’t ask them for the footage from their phone because you objected to being filmed.
Anyone can film anything and anyone in public can’t they ?

I could technically get out my cab and film someone on my phone camera if a crime was being committed couldn’t I?

I don’t get worked up over most things and have a lot of patience but violence and aggression has increased a lot on our roads in recent years.
Assaults are higher than they used to be.

 

[yorkie]

But anyone in public life can walk around with a body cam. Lots of HGV drivers are on YouTube recording their own footage.

Yes you can legally do that; you can also do that at work if you run your own company or if your employer allows this.

As for anyone requesting footage, how can they if it’s my personal equipment?

If you are wearing one while employed by, and representing a company, it would not be unreasonable to assume that the filming is sanctioned by the company and that the equipment and footage is held by the company.

If someone filmed you doing anything, you couldn’t ask them for the footage from their phone because you objected to being filmed.
Anyone can film anything and anyone in public can’t they ?

You appear to be conflating being a member of the public and undertaking duties as an employee.

I could technically get out my cab and film someone on my phone camera if a crime was being committed couldn’t I?

I could envisage circumstances in which your employer would be happy for you to do that, but it really depends on what you have in mind.

I don’t get worked up over most things and have a lot of patience but violence and aggression has increased a lot on our roads in recent years.
Assaults are higher than they used to be.

If it's become a big problem I would consider looking for another job and/or talk to your employer about the problem.

 

[Deerfold]

I would suggest you get the spy pen you just clip it on your pocket like a normal pen. I have one somewhere I got it off Amazon. I just pressed the top and it would record.

I suspect covert filming would open a while new can of worms - and the footage is of not use unless you admit it was taken.

 

[telstarbox]

To be impolite, your job as a professional is to drive the bus safely. It's not your role to police bad driving or other people's behaviour (frustrating though that is) and having a bodycam with associated social media presence might encourage you to go looking for trouble, at the expense of your concentration.

If there are genuinely issues with anti social behaviour then it needs to be addressed through the proper channels and not by going rogue, for your own protection.

 

[Lewisham2221]

If you work for one of the large, national companies:

1) I highly suspect, as others here have also posted, that your employer would be  very strongly against the idea of you conducting your own filming.

2) The CCTV almost certainly works. Fraudulent insurance claims cost the big groups ridiculous amounts of money - good quality, operational CCTV goes a long way to reducing this. It will work, and your employer almost certainly will use the footage if there is any sort of incident involving you or your bus.

3) Your bus will most likely be fitted with a full assault screen, enclosing the cab. Stay in your cab.* Make sure your cab door is locked, and if an incident occurs, close your cab window too. Don't get involved in anything that doesn't directly involve you or your vehicle. Don't allow yourself to react or retaliate to someone else's poor/aggressive driving/behaviour. Stay in your cab. Stay calm. Call the police if necessary. Drive away from the scene if possible/necessary.

*if you've already had to leave your can and then situation starts to get nasty, try not to get to caught up in reacting to the situation and try to get back to the relative safety of your cab as quickly as possible.

 

[Mwanesh]

But anyone in public life can walk around with a body cam. Lots of HGV drivers are on YouTube recording their own footage.

As for anyone requesting footage, how can they if it’s my personal equipment? If someone filmed you doing anything, you couldn’t ask them for the footage from their phone because you objected to being filmed.
Anyone can film anything and anyone in public can’t they ?

I could technically get out my cab and film someone on my phone camera if a crime was being committed couldn’t I?

I don’t get worked up over most things and have a lot of patience but violence and aggression has increased a lot on our roads in recent years.
Assaults are higher than they used to be.

HGV drivers mostly get permission from their companies. Some of them have had to leave jobs due to filming or putting company names in their blogs. There are very few bus driving blogs from drivers unless it's passengers or enthusiasts on a day out.

 

[RogerOut]

On YouTube there is a very serious attack on a bus driver in Birmingham. The incident was filmed from a passer by. The driver was out numbered. He couldn’t drive away as the perpetrators were stood in front of his bus and even trying to snap off his mirror? They were trying to smash through his screen.
What was the driver supposed to do here? Even waiting in his cab he was vulnerable and being attacked.

 

[skyhigh]

On YouTube there is a very serious attack on a bus driver in Birmingham. The incident was filmed from a passer by. The driver was out numbered. He couldn’t drive away as the perpetrators were stood in front of his bus and even trying to snap off his mirror? They were trying to smash through his screen.
What was the driver supposed to do here? Even waiting in his cab he was vulnerable and being attacked.

Not much you can do, really, over calling the police and waiting. And I really don't think a bodycam would have made much difference.

 

[RJ]

On YouTube there is a very serious attack on a bus driver in Birmingham. The incident was filmed from a passer by. The driver was out numbered. He couldn’t drive away as the perpetrators were stood in front of his bus and even trying to snap off his mirror? They were trying to smash through his screen.
What was the driver supposed to do here? Even waiting in his cab he was vulnerable and being attacked.

The bus would have been covered in cameras recording the incident. I think it’s fair to say the perpetrators don’t care about any of that and a bodycam wouldn’t offer any protection.

 

[Iskra]

I went to a busy, city-centre Wetherspoons recently and ordinary waiting-on staff were wearing body cameras. I don’t see how this would be any different. Nor do I see how it’s any different to someone having a dash cam or filming on a mobile phone.

However, if someone is intent on harming you a camera is unlikely to stop them.

 

[richw]

I went to a busy, city-centre Wetherspoons recently and ordinary waiting-on staff were wearing body cameras. I don’t see how this would be any different. Nor do I see how it’s any different to someone having a dash cam or filming on a mobile phone.

However, if someone is intent on harming you a camera is unlikely to stop them.

The Wetherspoons staff are wearing company issued cameras and Wetherspoons are the data controller.

 

[railman3031]

It is a difficult and contentious issue. Personally I wear one at work, although would probably choose not to wear one when not at work to avoid conflict