The “Law, Human Rights and Ethics Checklist for Technology-enabled Community Policing” is a tool designed to help law enforcement agencies intending to use (or already using) technologies, such as mobile device apps and related systems, in community policing to ensure that their activities:
| LAW AND HUMAN RIGHTS REQUIREMENTS | YES | NO | N/A | COMMENT |
|---|---|---|---|---|
| LEGALITY | ||||
| Does the community policing program have bases in the law or policy of the regulatory framework of policing? | ||||
| PRIVACY AND PERSONAL DATA PROTECTION | ||||
| Does the community policing program involve processing of personal data? | ||||
| Does the community policing program processing of personal data have bases in data protection law? | ||||
| Does the community policing program process the personal data for explicit, legitimate and specific purposes? | ||||
| Does the community policing program process only the minimum data that is necessary for the explicit, legitimate and specific purposes? | ||||
| Does the community policing program ensure that the personal data is accurate and up to date? | ||||
| Does the community policing program retain the personal data only for the minimum time necessary for the explicit, legitimate and specific purposes? | ||||
| Does the community policing program adopt technical and organization measures to ensure that the personal data are secure against unauthorized or unlawful access or disclosure, destruction, alteration, or loss? | ||||
| Does the community policing program have a clear, precise and accessible privacy policy that satisfies the requirements of transparency under data protection law? | ||||
| Does the community policing program enable data subjects to exercise their rights, such as the right to correct personal data? | ||||
| Does the community policing program conduct privacy impact assessment, involve in prior consulting with the privacy authority or designate a privacy officer? | ||||
| Does the community policing program comply with the privacy by design principle? | ||||
| PRESUMPTION OF INNOCENCE | ||||
| Does the community policing program involve in any collection, transmission or storage of material that may be relied upon as evidence? | ||||
| Does the community policing program adopt technical and organization measures to protect the protect the probative value of the records it collects, stores or transmits? | ||||
| REPUTATION | ||||
| Does the community policing program adopt technical and organization measures to deter its misuse in prejudice to individuals' reputation? | ||||
| Does the legal system of the jurisdiction of the law enforcement agency include rules that deter, punish and/or compensate for defamation or malicious prosecution? | ||||
| EQUALITY AND NON-DISCRIMINATION | ||||
| Does the community policing program adopt technical and organization measures to ensure that it does not discrimination on any of the grounds recognized in human rights law? | ||||
| ETHICS | ||||
| Does the community policing program adopt any measures that ensure its operations are based on good faith? | ||||
| Does the community policing program take any steps to increase its personnel professionalism and capacity? | ||||
| Does the community policing program take measures to ensure that its operations are not harmful? | ||||
| Does the community policing program any use of force/violence? | ||||
| Does the community policing program take measures to ensure confidentiality when the circumstances require so? | ||||
| Does the community policing program take measures to ensure that its operations are transparent? | ||||
| Does the community policing program establish accountability measures? | ||||
| Does the community policing program target generating any financial gain? | ||||
1. The community policing application should make it clear to its users what obligations they assume under the applicable legislation, how they should handle the (possibly sensitive) information they collect, contributing thereby to the creation of a minimal common level of professionalism and leading to better chances of public acceptance of the technology.
2. Transparency should be enhanced by making it clear that in particular semi-public spaces individuals may be subject to crowdsourced, community policing surveillance.
3. The risks of surveillance creep must be limited to a minimum by mandating specific and explicit rules on the purposes and new contexts of use of information received by means of crowdsourced, community policing surveillance.
4. Inform and involve the Data Protection Officer