Frequently Asked Questions About Body Worn Camera Footage Records

Why was my public records request for body worn camera footage denied?

a. The body worn camera footage you requested could part of a larger group of records related to an active investigation. Records related to active investigations are exempt under the Washington Public Records Act 42.56.240(1). If the footage is exempt because it is part of an active investigation, the VPD records team will notify you and close the request in GovQA. You may make a new request for the footage at any time. If the investigation is no longer active, VPD records staff will determine whether the requested footage may be released, in full or subject to redactions, and will respond to your request with a timeline for release.

b. If the investigation has been referred to a prosecutor, there is no longer a blanket exemption under 42.56.240(1). However, the footage may still be exempt if it is related to the prosecutor’s case against an individual party. If the footage is exempt because it is part of prosecutor’s case, the VPD records team will notify you and close the request. You may make a new request for the footage at any time.

Why might it take many months for me to receive body worn camera footage after I make a public records request?

a. Your request for body worn camera footage may be delayed longer than you would like because other public record requestors may be ahead of you in line. All public records requestors are treated equally, and no requestor moves to the front of the line ahead of other requestors. VPD receives many requests for body worn camera footage. Each request requires records staff to view the requested footage to determine whether any redactions are required to protect a person’s privacy or for other reasons, in conformance with various Washington records laws. Once staff identifies redactions, those redactions must be applied before the footage can be released. This is a time-intensive process.

For example: you may request one hour of footage for one event, but that footage may involve 10 different angles, meaning that staff must review those 10 separate angles prior to release to you, which may take up to 10 hours.

The considerable time involved in responding to body worn camera footage requests together with the number of requests receives impact the amount of time it take to deliver requested body worn camera footage to you.

b. As of July 2024, there exists a substantial backlog of requests. As noted above, all requestors are treated equally, and requests made before your request will be addressed before your request. The records team will remain in touch with you via GovQA during this period of time and you can request an update at any time.

Why can the Vancouver Police Department release body worn camera footage and I can’t get the same footage?

a. The Vancouver Police Department may determine that disclosure of certain body worn camera footage is in the public interest meaning that the public should see the contents of that footage. So, it may decide to share certain footage with the public and that footage will be accessible via the Vancouver Police Department’s YouTube channel. Even if VPD releases footage during an active investigation, all unreleased footage remains subject to the exemption discussion 1(a) above, until the investigation is no longer active.