Recognizing that there are some concerns and observations on the use of body camera during PSC (particularly privacy considerations) from the industry, Tokyo MOU has developed related guidelines.
Tokyo MOU highlights that the usage of body camera during PSC inspections would be of help to promote and ensure integrity, professionalism and transparency of PSC activities, and suggests the following general principals:
- Use of body camera during PSC inspections is suggested but not a mandatory requirement for PSCOs or Authorities, unless it is required by the national legislation of the port State Authority.
- Content/data recorded in body camera should be kept for internal use only. Appropriate control procedure for using content/data recorded in body camera should be established.
- Port State Authorities are responsible for ensuring compliance with their own domestic privacy legislation. Necessary attention should be paid to the privacy considerations and awareness during recorded inspections.
- Safety features of body camera should be provided to ensure the device is fit for the purpose of the inspection on any ship type (i.e. they should be intrinsically safe units that can be used on tankers as well as other vessel type).
The guidelines provide good practices for use of body camera, including the followings:
#1 Body camera should be switched on before PSCOs step on the gangway of vessel for inspection. The Master and crew members must be advised that the PSCO is using a body camera to record the inspection and be informed the Master and crew of how the recording will be used, who will have access to the recording and how long it will be kept for. If the national legislation of the port State Authority allows, the Master and crew members should have the opportunity to ask the PSCO to turn off the Body Camera if they do not wish the inspection to be recorded.
#2 The PSCO’s use of a body camera shall not lead to invasion of privacy, ship’s crew will be informed before by the PSCO if entry into a private place such as cabin or hospital on board is required. The crew should be given adequate time to place any personal items, for example photographs, out of sight before the PSCO enters the space.
#3 Under special circumstances, the recording process could be suspended and body cameras shall be turned off if it involves state secrets, trade secrets or personal privacy. For example, body cameras are allowed to be turned off/suspended when handling complaints and reports related to the Maritime Labour Convention. Before turning off/suspending, inspectors should state verbally that they have been asked to switch off the body camera for privacy reasons. Once such special circumstances have passed, the recording process shall be resumed immediately.
#4 Where the body camera does not time stamp the recording with date and time, or current time stamp displayed on body camera is not the real local time, the PSCO should state these verbally whenever the recording is started, suspended, resumed and the inspection is completed.
#5 For whole process recording, body camera is recommended to be switched off after the PSCO has stepped off the gangway when leaving the vessel.
Protection of privacy
Tokyo MOU provide the following recommendations:
(1) Relevant internal procedure for protection of privacy relating to data storage, display, copy and transfer, etc. should be established.
(2) A dedicated stand-alone storage solution for collecting and storage of data from body camera is recommended to be used for ensuring protection of privacy leakage.
(3) Data collected by body camera is only to be used for internal processes under strict supervision. This includes reviewing information associated with an inspection in response to request for an appeal or review of certain PSC inspection activities.
(4) It shall not be allowed for PSCOs to change, delete or circulate video and audio records. A responsible person should be assigned for management of transmission, storage, archiving and maintenance of storage equipment and audio and video records.
