To protect police officers, the Lower Saxony police force has over a thousand body-cams in use (Lower Saxony & Bremen: More body-cams than before in the police force – n-tv.de). The legal basis for the use of body-cams and other tasks and powers of the emergency services is provided by the Lower Saxony Police and Public Order Act (NPOG), in particular §32 NPOG. Would you like to use a body-cam in Lower Saxony? Let us advise you!
When is the use of body-cams permitted in Lower Saxony? Public events The Lower Saxony police may use body-cams if there is reason to believe that a person will commit “a criminal offence or a non-minor administrative offence” at a public event. Even if there is only suspicion, body-cams may be used openly to observe a potentially dangerous situation with image and sound recording. This is also permitted if third parties have to be filmed for this purpose. However, the use of body-cams must be indicated. Covert or secret recording of a situation is only permitted if disclosure of the body-cam use would warn individuals of the measure and cause them to commit the offence at a different time and place in order to remain undetected.
Public surveillance Public streets and squares may be openly observed by administrative authorities and the police if crimes have been committed repeatedly and the use of body-cams serves to avert danger. Body-Cams may also be used in these locations for prevention purposes if they ensure that “future dangers to life and limb” are averted. Body-Cams may also be used to monitor critical situations in particularly vulnerable locations or buildings, such as government buildings, in Lower Saxony. Here too, the use of body-cams must be clearly recognisable. If image and sound recordings are not absolutely necessary as evidence for the prosecution of criminal offences, they must be deleted immediately, at the latest after six weeks. This also applies to recordings made at public events. Direct link to the legal basis: §32NPOG
Are police officers allowed to use pre-recording on body-cams in Lower Saxony?
The Lower Saxony police may use pre-recording to make body-cam recordings for their own protection and for the protection of third parties. Recordings made in standby mode are permitted for a maximum of 30 seconds and must be deleted immediately afterwards if no crime occurs during this period that makes it essential to store the recording. If the body-cam recordings made using pre-recording are not used as evidence for criminal prosecution, these recordings must also be deleted after six weeks at the latest.
Is the Lower Saxony police allowed to use body-cams in homes? The Lower Saxony Police and Public Order Act (NPOG) does not provide any information on the use of body-cams in sensitive areas such as private homes. Accordingly, the use of body cameras in these locations is not permitted.
Go directly to the legal basis: §32NPOG
Would you like to use a body camera in Lower Saxony? Let us advise you! To our guide for the GDPR-compliant use of body cameras