Use of body cameras by the Hamburg police – the legal basis The use of body cameras by the police is regulated individually in each federal state. In Hamburg, §18 of the Police Data Processing Act (PolDVG) forms the legal basis. This law specifies when and how the police in Hamburg may use body-cams and what rules apply to the handling of the recordings. Body-Cams are primarily intended to increase the safety of police officers and prevent crime. At the same time, they must be used proportionately and respect the privacy of citizens. Direct link to the legal basis: §18 PolDVG
## When and for what purpose may body-cams be used in Hamburg? The police in Hamburg may use body-cams in certain situations. This includes use during identity checks and traffic checks if there are indications of danger. Body-Cams may also be used at crowded gatherings or public events if there is a risk of criminal offences being committed. The aim is to defuse conflicts and document acts of violence. Body-Cams are permitted in police custody to prevent criminal offences or self-harm. In private homes, recordings may only be made in exceptional cases – for example, if there is an acute danger to life or health. In such cases, a judicial review is required. The cameras must always be worn visibly so that the persons concerned can recognise that they are being filmed.
Consequently, the Hamburg police may, if necessary, openly make image and sound recordings in publicly accessible places. Storage periods and pre-recording According to Section 18 PolDVG, image and sound recordings made by the police in public spaces or at particularly vulnerable locations may only be stored for a certain period of time. The maximum storage period is usually 30 days, unless the recordings are needed for a specific police task. In this case, they may be stored beyond this period if this is necessary for the prevention of danger or for criminal prosecution. In addition, the law allows the use of so-called pre-recording, in which video recordings are made with a short retroactive storage period. This ensures that not only the actual incident is documented, but also the crucial seconds leading up to it. However, continuous recording beyond the permitted period is not permitted. Duty to inform and deletion periods The police are also obliged to inform the public about video surveillance. This is usually done by means of visible signs indicating that recording is in progress. With regard to deletion periods, recordings must be deleted immediately as soon as they are no longer required. If the data is not used for police or criminal purposes within the 30-day period, it is automatically deleted at the latest after this period has expired. However, if the recordings are transferred to a preliminary investigation, the general regulations on data retention in criminal proceedings apply. These regulations serve to protect personal rights and ensure that unnecessary or unlimited storage of personal data is avoided.
How may body-cams be used in Hamburg? Body-Cams may be used by the police in public spaces and in particularly vulnerable locations. These include, in particular, areas where experience has shown that crimes or dangerous situations can occur, such as railway stations, public places or locations with a high potential for violence.
Their use is particularly permissible when it is necessary to avert a specific danger or to protect police officers and uninvolved persons. In certain cases, body-cams may also be used in enclosed spaces if there is a significant threat to public safety. However, surveillance without cause or permanent surveillance is not permitted. As a rule, recording must be actively initiated by officers, especially if there is a threat of escalation or if escalation has already occurred. 
## When must body-cam recordings be deleted?
To ensure data protection, there are clear guidelines on the storage and deletion of recordings within the legal framework. Regular recordings may be stored for a maximum of one month and must then be deleted unless they are required for investigation or prosecution purposes. Recordings from police custody must be deleted after four days at the latest, unless they are used as evidence.
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