Body-Worn Camera Footage: B. Carter

Описание: • Officers may mute BWCs in accordance with Worcester Police Department Policy No. 403 (Body Worn Camera Policy) which provides: "Mute feature: Officers may utilize the camera's "mute" function instead of turning off the BWC when sensitive conversations are taking place, but the incident is still ongoing."

• Personal information including phone numbers, and identifying information of minors has been redacted pursuant to exemption (c) the privacy exemption.

• Exemption (c) (the privacy exemption), of the Massachusetts public records law applies to records which are, “personnel and medical files or information and any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy; provided, however, that this subclause shall not apply to records related to a law enforcement misconduct investigation.” The applicability of the “unwarranted invasion of privacy” exemption to any particular record “requires a balancing between any claimed invasion of privacy and the interest in the public in disclosure.” Globe Newspaper Co. v. Police Comm’r of Boston, 419 Mass. 852, 858 (1995). A governmental entity is required to examine the privacy interest at issue in light of the context of the disclosure.

• There is no public interest in the disclosure of a private individual's personal phone number.

• Identifying information of minors has been redacted (both audio and video redaction). There is a significant privacy concern regarding publication and dissemination of video images of minors; minors and their guardians possess a strong privacy interest in their own images and there is no legitimate public interest in the disclosure of images of minors present at the scene (either due to direct involvement or incidentally). Further, M.G.L. c. 119 §60A prohibits the release of court records related to youthful offenders and makes clear that a significant privacy interest attaches to records associated with arrests of such youthful offenders. A juvenile in these circumstances possesses a substantial privacy interest which outweighs any potential public interest in disclosure of their identity.