Body-Worn Cameras

The use of Body-Worn Cameras (BWCs) is an effective tool in the fight against crime. It also demonstrates the commitment of Law Enforcement Authorities to transparency, ensure accountability of its members, increase public trust in users, and protect its members from unjustified complaints of misconduct.

The Malta Police Force, following on the footsteps of other Law Enforcement Authorities in other countries, including EU Member States, has introduced the use of BWCs by all operational Police Officers. In line with the Standard Operating Procedures, whenever officers know or have a reasonable expectation that they will be interacting with the public in the discharge of their duties related to law enforcement, particularly in relation to the prevention, investigation and detection of criminal offences, the BWCs will be activated. Once activated, the BWCs will light a Green LED so that the public will be aware that the camera is in operation. All captured data will be then stored in a secure manner on a server and managed by a dedicated office under strict conditions and subject to adequate safeguards.

The processing of personal data captured via BWCs is based on various legal provisions:

• It is the duty of the Police to preserve public order and peace, to prevent and to detect and investigate offences, to collect evidence, whether against or in favour of the person suspected of having committed the offence, and to bring the offenders, whether principals or accomplices, before the judicial authorities in terms of Article 346(1) of the Criminal Code (Chapter 9 of the Laws of Malta).

• This duty is reinforced and complemented by Article 4(a) of the Police Act (Chapter 164 of the Laws of Malta), which lists as one of the main objectives of the Police Force to preserve public order and peace, to prevent the commission of offences, to promote the observance of the laws, as a first guarantee of the rights of all persons in Malta, even before action is needed through the judicial system to repress, sanction or remedy any breach.

• Article 62(1) of the Police Act specifically empowers the Police to hold, process and classify any information relevant to the commission of any crime in or outside Malta which information may be preserved by any system whatsoever, including electronic format.

• Moreover, the Malta Police Force, may collect personal data by technical surveillance or other automated means for the prevention, investigation, detection and prosecution of criminal offices in terms of Regulation 8(3) of S.L.586.08.

The categories of personal data captured by BWCs is limited to audio-visual footages and GPS coordinates. Under certain instances, such data may also include special categories data (particularly data concerning health), such as for example when the individuals concerned, on scene of an incident, are suffering from physical injuries.

Data captured by BWCs will be solely used for criminal investigation purposes by the Malta Police Force, and may be made available to other competent authorities such as the Attorney General and the Judicial authorities in accordance with the law. In some instances, such data may also be used for internal monitoring and investigation purposes.

There may be instances where such data will be made available to foreign Law Enforcement Authorities, particularly Law Enforcement Authorities in other Member States, in pursue of a legal obligation or a bilateral agreement within the context of Police Cooperation.

All data collected from BWCs are kept for period of ninety (90) days in accordance with the Data Retention Schedule, as approved by the Information and Data Protection Commissioner. All data will be automatically deleted upon the expiration of such period in a secure way.

 

The processing of personal data collected via BWCs is regulated by the Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations (Subsidiary Legislation 586.08).

Any person has the right to:

- request access to personal data relating to him/her processed

- request the correction of factually inaccurate personal data relating to him/her or the

deletion of his/her personal data in the case of unlawfully processed information

- request restriction of processing of their personal data according to law

- the right to lodge a complaint with the Information and Data Protection Commissioner

In Malta, any individual has the right to request access, correction or deletion of his/her personal data by contacting directly the data controller which in this case is the Malta Police Force, via the Data Protection Officer.

Such rights are exercisable by submitting a formal request, preferably by using the form found on the left side of this page (or below in case you are using a mobile device), including in an electronic form, to the In-Field Tech Unit, on any of the following:

Address:

Att. In-Field Tech Office

The Data Protection Officer

Legal & Data Protection Unit,

Police Headquarters,

Floriana

Email: [email protected]​

Telephone: +356 21224001

The right of the data subject may be delayed, restricted or omitted, for as long as this constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and the legitimate interests of the natural person concerned in terms of the applicable law. In the eventuality of a restriction or refusal, the individual is to be informed in writing of the decision, including reasons for the decision, unless such communication could have a bearing on the work of the national competent authorities or on the rights and freedoms of other individuals.

Moreover, such rights may not be exercised in accordance with the procedure laid down above, where the personal data collected via BWCs is requested by investigating officers for investigation purposes. In such cases, the rules applicable to criminal procedure shall apply.​