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WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR
ANSWER TO BE TABLED ON TUESDAY 29TH APRIL 2008
Question
"Would the Minister outline the policy applied by the Police when videotaping and photographing demonstrations and other public events and advise as to what use the photos and videos are put?"
Answer
The Police have an obligation to maintain public safety and keep the Queen's peace' in all such instances, as well as to prevent and detect crime. They are required to comply with all the relevant statutes namely the Regulation of Investigatory Powers (Jersey) Law 2005, Police Procedures and Criminal Evidence (Jersey) Law 2003, and the Data Protection (Jersey) Law 2005 with regard to the collection of evidence and intelligence and then the storage, retention and dissemination of material. Thereafter the Attorney-General's guidelines on disclosure in prosecution cases are applied. Over-riding these statutes and guidelines are the Human Rights (Jersey) Law 2000 and the European Convention on Human Rights as they apply to the right of freedom of expression, the right to a fair trial, and the right to life.
Photos and videos may be used for Intelligence Gathering and Evidential purposes in accordance with the protections afforded by the procedures set out above.