It's a case getting a lot of attention, and apparently police will not have to tell you if they're wearing a body camera.

Washington State Attorney General Bob Ferguson issued an opinion this week, regarding police body cameras.  Spokane is putting together a pilot program for officers to wear these cameras, which are an outgrowth of the dashboard camera.

Ferguson was asked to issue an opinion about whether police have to legally inform motorists who they pull over, or other people they may "detain" or question,  that they are wearing such a camera, and the person is being recorded.

For example in broadcasting, we have to, at some point, inform people who call us they are being recorded, and they have to consent for us to use their voice on the air.   We have broadcast rules we regularly publish or put on the air, so most people know this.  But it's still a matter of privacy.  If the person says "don't use me" on air, we can't.   Here's what Ferguson said about the legality of body cameras:

  1. The Washington Privacy Act, RCW 9.73, does not require the consent of a law enforcement officer to use body cameras attached to police uniforms. A local collective bargaining agreement, however, might limit or prohibit such use.
  2. Conversations between law enforcement officers and members of the public are not generally considered private for purposes of the Privacy Act.
  3. As a general matter, the Privacy Act does not require a law enforcement officer to cease recording a conversation at the request of a citizen, because such conversations are not private to begin with.

The Washington State Supreme Court doesn't consider such exchanges videotaped by a body camera or dashboard camera to be private, because they are included in the regular duties of a police officer and those duties are not considered private.

Some privacy and anti-government advocates and groups are claiming body camera use violates citizens right to privacy.  It appears from this opinion that people who oppose the use of them will have fight it in court - the Supreme Court.

While body cameras have been considered as an option by Richland and Kennewick police, an option down the road,  right now their expense is a big factor.  The cost is too prohibitive, and there are numerous other programs and needs for funding for our local agencies right now.

More From 870 AM KFLD