Tag:law enforcement
Recording Justice: How BWCs Impact Accountability and Transparency
Body-worn cameras, known as BWCs, are devices fitted to the outside of an officer’s uniform “that record interactions between community members and law enforcement officers.” These cameras record both video and audio and can be used for numerous reasons, such as providing transparency to members of the greater community and documenting evidence for future investigations or litigation purposes. BWCs have widely become an essential tool used by law enforcement agencies to enhance accountability, improve transparency, and serve as invaluable tools in legal proceedings.
Studies suggest BWCs contribute to a reduction in use-of-force incidents. The absence of a federal mandate has led to inconsistent state regulations, which has created compliance challenges and sparked legal debates. This has led to increased compliance challenges and legal debates. There have been several efforts to standardize BWC policies around the country, such as a push by the Department of Justice for a nationwide adoption and H.R. 843, a proposed legislation looking to increase BWC usage. Unfortunately, issues such as financial burdens, officer misuse, and legal barriers continually pose challenges for widespread adoption. Even with all of these obstacles, BWCs have been proven to have a significant impact in the courtroom, helping influence trial strategies and even charging decisions made by attorneys. While BWCs are not the antidote for police misconduct, they are an important step towards communities with greater accountability and justice.
What Happens When The Police Demand PHI
It happens in every emergency department: a law enforcement officer comes into the ER at two o’clock in the morning and demands to test the blood alcohol levels of a patient brought in after an auto accident. The officer pulls an exhausted nurse to the side in the hopes that the nurse will forget his or her training, or become anxious enough to give up the information for fear of being arrested. Yet no matter the specific facts, the question remains: can a hospital give law enforcement officers a patient’s PHI without authorization from the patient? In some situations, is it even required?
There is a provision under the HIPAA Privacy Rule that allows, and in some cases, requires, entities to disclose patient’s PHI to law enforcement without the patient’s authorization. However, state law can complicate this picture with more restrictive regulations and guidance.