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Is Police Profiling Prejudicial?
posted (February 16, 2018)
In the mobile phone era - everyone has a camera on them almost around the clock. But are police abusing those cell phone cameras to engage in profiling suspects? And are they doing so indiscriminately. That's the question the media raised with police earlier this week - after reports emerged that police were taking picture of persons who they stopped and searched.

Police press officer, Senior Superintendent Bart Jones - who is also an attorney - told the media that it's not profiling. He says that it's a useful tool - to assist police investigations, and to even ensure that persons are not beaten by police.

But, section 19 of the police act makes it precisely clear when and where police can take photographs of civilians. First, those persons must be in lawful custody - not at a checkpoint or a stop and search. Second, if the person is not convicted, all pictures and records must be destroyed. Clearly, the law seeks to assure the constitutional guarantee of a citizen's right to privacy.

So, since the law gives the police no powers to take pictures when persons are just stopped and searched - it is unlawful and an invasion of privacy.

It's a troubling practice which has also reached cabinet. Today the Deputy Prime Minister said Cabinet considered the issue and sent a directive - but it seems there was a miscommunication:

Hon. Patrick Faber, Deputy Prime Minister
"There was a discussion on it in cabinet recently and then there was some difficulty in terms communicating what cabinet had requested to the police. So I believe we will have to go back to the cabinet to have a final discussion on it which I am hoping can happen on Tuesday and then we will make formally known what the cabinet's position is."

Daniel Ortiz, reporter
"At least are you able to confirm that the cabinet is aware of the citizen's concerns that this particular style of policing may be invasive?"

Hon. Patrick Faber, Deputy Prime Minister
"Absolutely. The cabinet is aware. We have had a discussion on it and like I said there was some miscommunication in terms of transpiring what the cabinet has said to the police and so we need to make absolutely clear what the position is and I hope we can do that on Tuesday and make known to the wider public as well as to the police what our position is."

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