The legal basis for the use of body cameras is determined individually in each federal state. Detailed regulations for the use of body cameras in Berlin can be found in the General Security and Public Order Act (ASOG Bln). ## Use of body cameras by the Berlin Police – the legal basis
If there is “a danger to life, limb or freedom” – either for police officers or third parties – the Berlin police are authorised to use body cameras to record. Image and sound recordings containing personal data may be openly recorded in publicly accessible spaces for the purpose of averting danger or prosecuting criminal offences.
If it is unavoidable that uninvolved third parties become part of the body-cam recording, they must be informed of this – for example, by means of a clear sign or notice. Body-Cam recordings in private areas such as homes, on the other hand, are only permitted under strict conditions to protect privacy and sensitive data.
To this end, there must be actual evidence that a dangerous situation exists in the private sphere and that recording is necessary. It should be noted, however, that the recording of scenes relating to the core area of private life is not permitted. As soon as there are indications during recording that such data is being captured, the recording must be stopped immediately. Further use of this data is not permitted without judicial approval, but the recording must be documented for the purpose of data protection control. Direct link to the legal basis: ASOG BLN §24c
[On the use of body cameras by law enforcement agencies in Berlin](#law enforcement) ## Is pre-recording with body cameras permitted in Berlin? Pre-recording – the continuous short-term storage of image and sound recordings before the camera is officially activated – is only permitted with Berlin body cameras for a maximum time interval of 60 seconds. After this time has elapsed, the data must be automatically deleted without a trace, unless there is a danger to life, limb or freedom. If the camera is officially activated for this purpose, the last few seconds before the activation time can also be stored. This allows the camera to record events immediately prior to a specific incident, such as an incident or an escalation. ## When are body camera recordings deleted?
Image and sound recordings from a body camera must be encrypted and tamper-proof and stored securely. Police officers who were involved in the recording situation are not allowed to access the data. After one month, body camera recordings must be deleted unless they are needed for criminal prosecution or to clarify a matter. The deletion of data must also be documented for the purpose of data protection control. ## Legal basis for body-cams at Berlin public order offices and other authorities In addition to the Berlin police, body-cams may also be used by the fire brigade, the ambulance service and the district public order office.
The following applies to the fire brigade and emergency services: image and sound recordings may be made using a body cam in dangerous situations. This includes the conditions for collecting and processing personal data, pre-recording and storage and deletion periods.
The same applies to district public order office staff, with the restriction that data processing in private areas of life is generally not permitted. Public order officers are therefore not permitted to make image or sound recordings in private living spaces as part of their field work.
Go directly to the legal basis: ASOG BLN §24c
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