Buena Park, CA asked in Car Accidents, Civil Rights and Health Care Law for California

Q: Can I post police body cam footage on social media? I am in the footage in a hospital.

2 Lawyer Answers
T. Augustus Claus
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A: In California, posting police body cam footage on social media that you appear in, especially from a hospital setting, involves considerations of privacy, legal rights, and potentially specific regulations governing the release and dissemination of such footage. While there isn't a straightforward prohibition against posting such footage, it's crucial to understand how you obtained it. If it was released to you through a formal request process, there might be stipulations or laws about its public distribution.

James L. Arrasmith
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A: Tricky question, because you do have a 1st Amendment right to free speech. But that right is not absolute. I would say that, generally, no, you generally cannot legally post police body camera footage on social media without permission if you are depicted in the video. A few key things to note under California law:

- Police body camera footage is not considered public record and is exempt from disclosure under the California Public Records Act. It is considered confidential personnel records of the officers.

- You have a right to access footage you are depicted in by request, but the police department can deny or redact footage to protect privacy rights or other confidential information.

- If you were to obtain body cam footage you are in via an approved request, you still could not post it publicly online or on social media without permission from both the police department and any other individuals depicted due to privacy laws.

- Posting the footage without proper permissions would violate both civil and criminal privacy laws in California, such as common law and statutory right to privacy, and could open you up to possible charges or civil liability.

So in short - generally, no, you cannot legally post raw body cam footage with identifiable persons online, even if you are in the video. There is an expectation of privacy surrounding the footage.

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