Police in New York have been fighting to block the release of raw, unedited body-worn camera footage by claiming that the footage is a “personnel record” used for performance evaluations and therefore confidential under the Civil Rights Law. However, in a decision released last month, the First Department Appellate Division rejected this theory, which had been put forward by the Patrolmen’s Benevolent Association. In PBA v. DeBlasio, et al., the Appellate Division held that privacy interests of police officers do not transform the bodycam footage into “personnel records” and therefore the footage must generally be released under the Freedom of Information Law.
April 2017 marked the beginning of the NYPD’s body-worn camera program, which outfitted 1,300 police officers across 20 precincts with body cameras. The stated purpose of the program was to document the public’s interaction with police and establish a clear record of those encounters, as well as to provide evidence in civil or criminal proceedings. That purpose was quickly tested on September 6, 2017, when police responded to a report of a Bronx man acting erratically in his apartment. The police responded for a “wellness check” that escalated into a 15-minute standoff ending with the shooting and death of Miguel Richards at the hands of NYPD Officers, all of whom were equipped with body-worn cameras. Our office, along with the Law Offices of Daniel A. McGuinness, P.C., represents Mr. Richards’s family in a lawsuit against the City and the individual police officers.