The Freedom of Information Act (FOIA) was a groundbreaking law when federal legislators first adopted it. The FOIA helps ensure that journalists, lawyers and members of the public can gain access to government records. The transparency generated by the FOIA helps prevent corruption and create accountability for those who work for the government.
Lawmakers in New Mexico expanded on the FOIA by passing the Inspection of Public Records Act (IPRA). People in New Mexico generally have the right to request access to various public records, including records from state and local government authorities. Police reports and court records are available for review with a proper written request.
While people who request records may have to pay certain fees, they may gain access to information that could help them establish that something inappropriate happened during their encounter with the police. Lawmakers in New Mexico have adopted a statute requiring that police officers wear body cameras while on duty. Can members of the public request body camera footage under the FOIA or the IPRA?
Some footage is available upon request
Bodycam footage can provide objective information about what happened during a police encounter, but it may also include information that infringes on an individual’s right to privacy. Police officers often have to respond to unpredictable and volatile situations.
The footage recorded by body cameras could include nudity, violence and private information about members of the public. To protect those who interact with law enforcement and law enforcement professionals, state lawmakers have enacted rules limiting record releases for bodycam footage.
The state can refuse requests when the footage includes violence, nudity and other questionable content. The state can also refuse to disclose records that could impede the activity of law enforcement agencies. That being said, access and information rights may trump privacy rights in scenarios where there are allegations of police misconduct leading to injury or death.
Those hoping to pursue legal action because of a violation of their civil rights or the civil rights of a family member may need help accessing public records related to the incident. Obtaining body camera footage can often be an important step on the path to justice when holding police accountable for misconduct. Those seeking to take legal action over civil rights violations often need help understanding the law and asserting themselves when dealing with state authorities.