NYPD Does Not Comply with FOIL Obligations for Body Worn Camera Footage, NYC Comptroller Audit Finds

NYPD Does Not Comply with FOIL Obligations for Body Worn Camera Footage, NYC Comptroller Audit Finds

New York, NY - In a new review, New York City Comptroller Brad Lander uncovered substantially insufficient compliance by the New York City Police Department (NYPD) with Freedom of Information Law (FOIL) requests for Body-Worn Camera (BWC) footage.

In 2019, all NYPD patrol officers began to wear body cameras to improve officer interactions through transparency, provide additional evidence for cases, decrease unlawful stop and frisks, and curtail use-of-force by officers.

Auditors analyzed the data and found that NYPD was chronically delayed in responding to FOIL requests for body camera footage.

• NYPD did not respond to 4,591 out of 5,427 FOIL requests (85%) within 25-business days, the standard timeline for City agencies, with 26 requests taking over two-years to grant/deny.

• More than half the time, NYPD did not meet its own internally established goal of granting or denying FOIL requests within 95 business days. On average, NYPD took 133 business days to grant or deny FOIL requests during the review period.

• NYPD took more than 200 business days to grant or deny 1,137 FOIL requests (24.8% of requests granted/denied beyond 25 business days). Of these cases, 223 out of the 1,137 requests (19.6%) did not result in a decision to grant or deny the request for more than 275 business days-more than one year-after receipt.

• NYPD frequently does not grant BWC FOIL requests without appeals first being filed. Of the 355 appeals NYPD received between 2020 through 2024, 344 (97%) were granted, suggesting a dramatically over-restrictive policy.

"The whole purpose of body-worn cameras is transparency. Failing to provide the footage as required by law fundamentally undermines the whole purpose of program," said Comptroller Brad Lander.

The review also unveiled that:

1. Officers are supposed to activate their body camera a minute before approaching to allow for buffering and can turn off video once an interaction is done; however of the 7,797 videos on file, officers either activated late or stopped recording early in 1,436 (18%) instances of reviewed camera footage. NYPD could not find 4,319 (36%) body camera footage files for 911 dispatches in its file system.

1. NYPD lacks independent reviews of BWC activation rates, and does not consistently conduct reviews of footage or collect related information and documentation that their policies and procedures indicate are required. NYPD's BWC Self-Inspection Worksheet instructions require that each month, sergeants from all precincts randomly select five videos recorded by their assigned officers during the previous month, then review these videos, and complete a Self-Inspection Worksheet. NYPD was unable to provide Self-Inspections for 87 out of 165-more than half-of the requested months.

1. Auditors also reviewed 802 Worksheets containing the Integrity Control Officers' (ICO) review of Stop Reports, a required report to be completed by the officer for every Level 3 Stop (which is any encounter between a civilian and a uniformed officer in which a reasonable person would not feel free to disregard the officer and walk away). According to NYPD's policy, if a stop cannot be justified, then a search or frisk cannot be justified. Nonetheless, of the 29 instances in which ICOs concluded there was an insufficient basis to justify a stop, there were four (14%) instances in which the ICO also concluded that there was reasonable basis to frisk, and a further nine (31%) instances in which the ICO still determined there was reasonable suspicion for the search; in these instances, since the ICO determined the stop was not justified, the related frisks/searches should have automatically also been deemed unjustified.According to NYPD procedures, the frisk and search fields on the 802 Worksheets can only be completed with a "yes" or "no," since the ICO is determining whether the supervisor properly performed their review of the Stop Reports. However, ICOs at seven (64%) of the 11 sampled precincts incorrectly recorded "N/A" for whether the supervisor appropriately performed their review of the Stop Reports.ICOs also did not always perform required reviews of 802 Worksheets. Auditors requested five months (June of each year from 2020 through 2024) of 802 Worksheets from 11 precincts in total (one worksheet per precinct per month). NYPD could not provide worksheets for 11 (20%) of the 55 requested months.
2. NYPD officers are required to complete a Threat, Resistance, or Injury Incident (TRI) report for every use-of-force incident. However, NYPD does not independently review BWC footage first in order to determine a TRI report. Auditors reviewed CCRB's substantiated allegations of excessive use-of-force incidents and selected 25 incidents to determine whether there was a corresponding TRI Report. NYPD acknowledged that a TRI Report was required for 17 of the 25 selected incidents; however, for four (24%) of the 17 incidents, a TRI Report was not prepared.

Lander continued, "With proper oversight, body-worn cameras are a tool for gathering evidence, strengthening accountability, improving policing practices, and building trust. Without proper oversight, it's just a hunk of metal."

Following the review, the auditors shared recommendations for improving the body worn camera program with the NYPD. Some of those recommendations include:

Improve FOIL Response  (NYPD agreed with the below)

1. Increase Legal Bureau staffing levels and make additional efforts to address FOIL requests timely.

Improve Administrative Oversight (NYPD agreed with 2 and 3 and indicated that 4 reflects its current practice)

1. Take steps to ensure that all officers who perform patrol duties are immediately provided with cameras.
2. Investigate causes of lower activation rates in certain boroughs and precincts and take steps to ensure they continue to improve across the City.
3. Conduct an overall assessment of its BWC program to determine whether the program has improved compliance with policies, regulations, and laws, including respectful interaction with the public.

Improve Stop, Frisk, and Search Adherence (NYPD essentially agreed indicating this is its current practice)

1. Take additional steps to ensure compliance with its Stop/Frisk policy by identifying improper stops and instances when Stop Reports are not completed for Level 3 stops.

Improve Monitoring Use-of-Force (NYPD will consider 6 and essentially agreed to 7)

1. Review a sample BWC footage from Level 2 and Level 3 Investigative Encounters to determine whether force was used and whether a TRI Report was completed, as required.
2. Ensure that TRI reports are completed for all use-of-force incidents.

Read the full audit here.

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