Revised MPS policy regarding overt filming

30/09
27 October 2009
MPA briefing paper 30/2009

Author: Inspector Alan Thomson, TPHQ, MPS

This briefing paper has been prepared to inform members and staff. It is not a committee report and no decisions are required.

This briefing paper was prepared in response to questions asked at the full Authority meeting in September.

The subject of overt filming was raised at full authority meetings in the early to middle part of 2008. Following these a review into this tactic commenced.

A meeting was held in July 2008 where MPA member Dee Doocey was invited to discuss and agree the terms of reference for that review. These included the need to communicate the use of, and purpose behind overt filming with the public and particular communities, making more use of the press and recognising the risk of harm to relations with young people.

The revised SOP contains the following;

Reasonable steps must be taken to ensure that the public generally, and individuals who are specifically targeted and filmed, are made aware of the filming and of the policing purpose being pursued. Despite being a useful police tactic, overt filming can, if not used in an appropriate and proportionate way, be viewed as intrusive, infringing an individual's Article 8 ECHR Right to Private Life, and breach the DPA. Overt filming may also increase tension between the police and the community. To ensure compliance with the law (ECHR and DPA) authorising officers and those engaged in overt filming should therefore ensure that filming is carried out in an open and highly visible manner. Authorising officers MUST give consideration to the following:

• Local press/media engagement informing the public that filming is taking place and of the policing purpose;
• The use of high visibility MPS branded clothing;
• The use of marked police vehicles and signage that clearly indicates they are equipped with and/or are using filming equipment; and
• Signage in prominent locations informing the public that overt filming is taking place and of the policing purpose.

The authorising officer MUST consider whether any public consultation is appropriate and if so with whom. Options include the use of the local Community Police Consultative Group (CPCG), Borough Ward Panels or other local community groups. Where filming is to centre around specific venues (e.g. schools, colleges, clubs) contact should be made with staff at the venues unless it is impractical to do so. Where the likely subjects of overt filming are to be young people, particular sensitivity should be shown regarding the impact of the tactic on the person and families concerned. This should be discussed, where necessary, when granting authority.

Each Borough/Operational Command Unit (B/OCU) must have a system to ensure that details of all authorisations for overt filming are made available to the next daily Senior Management Team meeting. This allows the opportunity for the authorisation or refusal to be discussed and amended if necessary and provides local management with an opportunity to oversee and manage the overt filming process. The Borough Liaison Officer should be consulted where further information is required regarding the community impact of filming in a particular location.

Externally the review took into account the views of a wide variety of people, making use of community meetings organised through Operation Blunt 2, youth groups, the chairs of the CPCG meeting with the Commissioner and other borough based consultation forums. Legal advice was sought through counsel in relation to the human rights aspect of this activity.

The final document was circulated through all of the above, and met with widespread approval. Publication of this was delayed on legal advice pending the conclusion of a civil case - Wood v The Commissioner of the Police for the Metropolis which stems from a public order incident in 2003. That case which concluded in May 2009 again looked closely at the human rights aspect of overt filming as well as the management of the review, retention and deletion of any footage.

Some minor adjustments were made to the policy to articulate the finding’s of that case and include the retention periods for such material which are legislated for within the Management of Police Information guidance from the Home Office. The revised policy has been published and can be viewed via the MPS Publication Scheme.

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