This article examines how police officers understand and perceive the impact of bystander video on their work. Drawing from primarily qualitative data collected within two police departments in the Pacific Northwest, I describe how officers’ concerns about objectivity, documentation, and transparency all manifest as parts of a broader politics of information within policing that has been amplified in recent years by the affordances of new media platforms and increasingly affordable surveillance-enabling technologies. Officers’ primary concerns stem from their perceived inability to control the context of what is recorded, edited, and disseminated to broad audiences online through popular platforms such as YouTube.com, as well as the unwanted visibility (and accountability) that such online dissemination generates. I argue that understanding the effects of this `new visibility’ on policing, and the role played by new media in this process, has become vitally important to our tasks of organizing, understanding, and overseeing the police.
Visual data are transforming the documentation of activities across many legal domains. Visual data can incriminate or exonerate; they can shape and reshape public opinion. Visual evidence can legitimize certain accounts of events while calling others into question. The proliferation of visual data creates challenges for the law at multiple points of entry: recording, distribution or disclosure, redaction or deletion, or use as evidence. This symposium outlines and analyzes legal challenges posed by recent developments in visual data technologies and practices. This introductory essay and the articles that follow highlight legal issues that arise when state actors collect visual data and when visual data are used in legal disputes. Technological development is outpacing empirical research on, and legal regulation of, visual data within society and inside the courtroom. This symposium provides a much-needed opportunity to highlight new legal and empirical research at the intersection of visual data and law.
The forced displacement and transnational migration of millions of people around the world is a growing phenomenon that has been met with increased surveillance and datafication by a variety of actors. Small humanitarian organizations that help irregular migrants in the United States frequently do not have the resources or expertise to fully address the implications of collecting, storing, and using data about the vulnerable populations they serve. As a result, there is a risk that their work could exacerbate the vulnerabilities of the very same migrants they are trying to help. In this study, we propose a conceptual framework for protecting privacy in the context of humanitarian information activities (HIA) with irregular migrants. We draw from a review of the academic literature as well as interviews with individuals affiliated with several US‐based humanitarian organizations, higher education institutions, and nonprofit organizations that provide support to undocumented migrants. We discuss 3 primary issues: (i) HIA present both technological and human risks; (ii) the expectation of privacy self‐management by vulnerable populations is problematic; and (iii) there is a need for robust, actionable, privacy‐related guidelines for HIA. We suggest 5 recommendations to strengthen the privacy protection offered to undocumented migrants and other vulnerable populations.
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