U.S. FOOD AND DRUG ADMINISTRATION 

OFFICE OF CRIMINAL INVESTIGATIONS 

Directive Number: 22-003 

Effective Date: 8/15/2022 

Category: Investigative 

Interim Body Worn Camera Policy 

1. Purpose. Executive Order (E.O.) 14074, Advancing Effective, Accountable Policing and 

Criminal Justice Practices to Enhance Public Trust and Public Safety, (May 25, 2022) 

directs the heads of federal law enforcement agencies to issue policies regarding the use 

of body-worn cameras (BWCs). Consistent with E.O. 14074, this Directive establishes 

interim policy on the use of OCI-owned BWCs by OCI special agents1

. It establishes: a) 

general requirements for OCI’s phased, incremental implementation of BWCs; b) 

training requirements related to BWCs; c) overarching guidance regarding the use of 

BWCs; and d) the storage, viewing, retention, and disclosure of BWC recordings. 

It is intended to provide policy coverage during OCI’s phased, incremental 

implementation of BWCs. As such, this Directive will expire 18 months from the date of 

issuance or when a decision is made by OCI to fully implement its BWC Program to all 

field offices, whichever occurs earlier. Before the expiration of this interim policy, OCI 

will issue a permanent policy based on lessons learned and other relevant information 

obtained during the phased, incremental implementation process. 

2. Background. OCI’s law enforcement and public health mission is generally 

investigative and pre-planned rather than patrol-based and reactive. Unlike some of its 

federal, state, and local law enforcement partners, OCI does not conduct public patrols or 

routinely engage with the public in response to emergency calls. Nevertheless, OCI 

recognizes the importance of public trust, transparency, and accountability in situations 

where the use of force may reasonably be anticipated. To this end, OCI is initiating a 

program for the use of BWCs in pre-planned law enforcement operations (as defined in 

section 5.B.), as these are circumstances where the use of force may reasonably be 

anticipated. 

BWCs can improve public trust and transparency and provide an additional layer of 

accountability for special agents. They can be a valuable tool to establish facts 

surrounding a use of force incident involving the public, which can be used to 

expeditiously resolve complaints made against special agents. BWC recordings can also 

be used as evidence for investigative and prosecutorial purposes if a special agent is 

threatened or assaulted during a law enforcement encounter. 

1 “OCI special agent,” “special agent,” and “agent” are used interchangeably in this Directive and have the same 

meaning. 

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3. Scope. This Directive does not apply to digital or electronic media recordings from 

vehicle dash cameras, digital cameras, closed-circuit television, unmanned aerial systems, 

telecommunications devices, or any other camera sensor device. It does not replace or 

alter existing OCI policies or practices for the collection of evidence, conducting 

interviews, or operational security. Furthermore, it does not alter or replace OCI’s 

existing policies and procedures related to consensual or non-consensual monitoring of 

telephonic, oral (in person), or electronic communications. 

4. Authorities/References. 

A. E.O. 14074, Advancing Effective, Accountable Policing and Criminal Justice 

Practices to Enhance Public Trust and Public Safety, 87 FR 32945 (May 25, 2022). 

B. Title 21, United States Code (U.S.C.) § 372(e). 

C. FDA Staff Manual Guide 1410.32, Enforcement Activities, (June 4, 2010). 

D. FDA Staff Manual Guide 1121.40, Office of Criminal Investigations, (Dec. 14, 2018). 

5. Definitions. The following definitions apply for purposes of this Directive only. 

A. Body Worn Camera (BWC). A non-surveillance audio/video recording equipment 

combined into a single unit owned by OCI and used by special agents during preplanned enforcement operations. Cellphones are not included in this definition and 

may not be used to record pre-planned enforcement operations, as defined below. 

B. Pre-planned enforcement operation. A pre-planned attempt to execute an arrest 

warrant and/or search or seizure warrant.2 

C. BWC recordings. Audio and video recordings and associated metadata recorded on 

OCI-owned BWCs while the special agent is engaged in a pre-planned enforcement 

operation. 

D. Secured. The location of the pre-planned enforcement operation is reasonably 

believed by the lead agent to be safe and under law enforcement control; and all 

arrested subjects have been searched 

6. Policy. It is the policy of OCI that special agents must use OCI-issued BWC during preplanned enforcement operations (as defined in section 5.B.). Special agents must comply 

with the requirements outlined in this Directive and any supplemental guidance issued 

consistent with this Directive. BWC recordings may only be accessed, downloaded, used, 

printed, copied, emailed, posted, shared, reproduced, or otherwise disclosed to authorized 

OCI personnel and for official purposes only. Misuse of BWC recordings, including but 

not limited to improper recording, improper dissemination, or tampering with data may 

2 This definition excludes searches of items lawfully in OCI’s possession or control, or a search to obtain digital or 

electronic records executed by a third party, such as an electronic service provider or custodian of electronic records. 

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result in disciplinary action or other legal liability. 

When conducting pre-planned enforcement operations with another law enforcement 

agency, OCI special agents must comply with this Directive. However, if the joint preplanned enforcement operation is under the direction and control of another law 

enforcement agency and that agency’s policy on BWC use is substantially comparable to 

the requirements under this Directive, then the other agency’s policy may be relied upon. 

OCI will not permit the use of BWCs for the sole purpose of conducting or supporting 

personnel investigation or disciplinary action. Moreover, OCI supervisory special agents 

will not routinely or randomly view BWC recordings for the sole purpose of identifying 

administrative violations by special agents. However, OCI management may review 

BWC recorded data when there are alleged or suspected policy or administrative 

violations. 

7. Requirements for Phased, Incremental Implementation. 

A. OCI will integrate the use of BWCs through a phased, incremental implementation. A 

phased, incremental approach will allow OCI to: 

1) Research and test equipment and technological solutions based on best practices; 

2) Understand operational and logistical challenges; 

3) Develop training tailored to OCI special agents; 

4) Identify, request, and secure funding and resources necessary for implementation; 

and 

5) Make appropriate policy and programmatic adjustments. 

B. In implementing OCI’s use of BWCs, the following responsibilities are assigned: 

1) Executive Agent. 

a. The Chief of Investigative Services Division (Chief-ISD) will serve as the 

Executive Agent and oversee the implementation of the OCI’s BWC program. 

The Chief-ISD may assign or delegate responsibilities, as appropriate. 

2) Action Plan. 

a. The Chief-ISD, or his or her designee, will prepare an “action plan” for 

implementing the BWC program consistent with the requirements outlined in 

this Directive. 

b. At a minimum, the action plan will include: 

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i. The proposed timeline for the full implementation of BWCs; 

ii. The estimated cost of implementation, including the initial purchasing cost 

of the BWC equipment and associated technological solutions (e.g., 

storage and redaction), the funding and staffing resources required for 

storing recorded data, managing videos, disclosing copies of videos, 

providing training to officers, and administering the program; 

iii. The various phases (including field offices involved) of the incremental 

implementation; 

iv. The action items OCI will need to accomplish and the timeline for 

accomplishing each action; and 

v. Any dependencies or challenges. 

c. The Chief-ISD will submit the action plan to the Assistant Commissioner of 

OCI within 45 days of this Directive’s issuance. 

3) BWC Equipment. 

a. The Chief-ISD, or his or her designee, will determine the type(s) of BWC 

equipment appropriate for use by OCI special agents and oversee the 

acquisition of the equipment. At a minimum, the BWC equipment must be 

one that captures both video and audio data, and that automatically records the 

date and time of the recording. 

b. The Headquarters (HQS)-Special Agent in Charge (SAIC), or his or her 

designee, will provide budgetary, acquisition, and contracting support for the 

acquisition of the BWC equipment. 

4) Technological Solutions. 

a. The Chief of Information Technology Operations Branch (Chief-ITB), 

working with the Chief-ISD, or their designees, will determine and acquire the 

appropriate storage solutions for BWC recordings and appropriate software or 

system for redacting information contained in BWC recordings. 

i. In making these acquisitions, OCI will take into consideration security, 

reliability, cost, and technical capacity, as well as compliance with Federal 

and FDA technological requirements and standards. 

b. The HQS-SAIC, or his or her designee, will provide budgetary, acquisition, 

and contracting support for the acquisition of the technological solutions. 

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5) Training. 

a. The OCI National Training Coordinator will establish training on the 

appropriate use of BWCs and handling of BWC recordings consistent with the 

requirements in Section 8. 

6) Operational Guidance. 

a. The Chief-ISD, or his or her designee, will issue supplemental guidance for 

special agents—consistent with this Directive and manufacturer’s operational 

guidelines—on proper care, operation, placement, and maintenance of BWCs. 

The guidance will also address circumstances where special agents fail to 

activate their BWC, or if the recording is interrupted. 

b. The HQS-SAIC together with the Chief-ISD, or their designees, will establish 

guidance for documenting the use of BWCs in reports of investigation or other 

agency documentation or systems. 

c. The OCI Government Information Specialist will provide appropriate 

guidance to ensure the retention and potential disclosure of BWC recordings 

is fully compliant with records retention and information disclosure-related 

laws, regulations, and policies. 

d. The Senior Advisor to the Assistant Commissioner will reassess this Directive 

before it expires and develop a permanent policy. In addition, the Senior 

Advisor will provide any additional policy support and coordination with the 

Office of Chief Counsel (OCC), as questions/issues arise. 

7) Implementation. 

a. The Chief-ISD will work with the Field Office SAICs to deploy BWCs to the 

respective field offices. 

b. The Chief-ISD and the HQS-SAIC will work with the Field Office SAICs to 

communicate to special agents the goals and benefits of the BWC grogram 

and address any concerns they may have. 

8. Training. 

A. All OCI special agents are required to undergo mandatory training before they start 

using BWCs. At a minimum, the training must include the following3

: 

1) The proper use, maintenance, and care of BWCs; 

3

 This may also include training by representatives of the vendor from which OCI purchased both the physical BWC 

hardware and storage solution. 

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2) Adherence to this Directive, and compliance with applicable laws and policies; 

3) Privacy, civil rights, and civil liberties safeguards; and 

4) Appropriate procedures and requirements for uploading, storing, retaining, and 

disclosing BWC recordings. 

B. Additional OCI personnel involved in the maintenance and disclosure of BWC 

recordings are required to undergo mandatory training regarding the appropriate 

storage, retention, tagging, redaction, and disclosure of BWC recordings.4 

C. A training record must be kept for each special agent and OCI personnel involved in 

BWCs. 

9. Use of BWCs by OCI Special Agents. 

A. Special agents must wear and activate BWCs during “pre-planned enforcement 

operations,” as defined in section 5.B. Special agents will ensure that their BWCs are 

operational prior to a pre-planned enforcement operation, including that the batteries 

are fully charged. 

B. Special agents may use only OCI-owned and -issued BWCs. No personally owned 

BWCs may be used in lieu of OCI-owned and -issued BWCs. 

C. The BWC will be placed on a visible location on the special agent’s outwear (e.g., on 

a vest) so that individuals can see the BWC. Special agents will ensure that the BWC 

is unobstructed by clothing, equipment, accessories, etc. 

D. Special agents must activate their BWCs upon approaching a subject or the location 

of the pre-planned enforcement operation. The lead special agent should remind 

special agents to activate their BWCs. However, special agents are responsible for 

activating their BWC regardless of the lead special agent’s notification. 

1) Upon activating their BWC, the OCI special agent will verbally state that the 

body camera is activated, as well as his/her name, the date, and the time of 

activation. 

2) Special agents are encouraged to advise individuals that they are being recorded if 

it will not interfere with the encounter or agent safety.5

 However, special agents 

are not required to obtain consent from the subjects that are being recorded during 

the pre-planned enforcement operations. Additionally, special agents have no 

obligation to stop recording in response to an individual’s request so long as the 

4

 It may also include training by representatives of the vendor from which OCI purchased both the physical BWC 

hardware, storage solution, and/or redaction software/system. 5

 Knowledge that the BWC is recording may help defuse potentially confrontational situations and improve behavior 

from all parties. 

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recording is being conducted consistent with this policy. 

3) Once a BWC is activated, OCI special agents must record the activities until the 

location is “secured” as determined by the lead special agent on the scene. See 

section 5.D. for definition of secured. 

4) Special agents will deactivate their BWCs at the direction of the lead special 

agent when the location is secured. Before deactivation, the special agent will 

verbally state that the BWC is being deactivated and state the date and time of 

deactivation. 

E. If special agents fail to activate their BWC, or if the recording is interrupted, they 

must provide a statement detailing why they failed to activate the BWC or why the 

recording was interrupted consistent with the guidance provided by the Chief-ISD for 

documenting such instances. 

F. If there are unanticipated interactions with the public or other exigent circumstances, 

such as contentious or violent interactions that could lead to the use of force, special 

agents will, if and when it is safe to do so, reactivate their BWC either before, during, 

or after a pre-planned enforcement operation. 

G. BWCs may not be used to record the following circumstances and/or locations: 

1) Any situation that does not fall within the definition of a pre-planned enforcement 

operation (see section 5.B.); 

2) Encounters with undercover personnel; confidential informants, confidential 

sources, or cooperating defendants; 

3) On-scene witness interviews conducted before, during, or after the pre-planned 

enforcement operation; 

4) Employee assessments, except for use in the training environment as part of 

student/instructor feedback process; 

5) Any non-enforcement activities, such as actions and conversations with coworkers 

when not actively engaged in a pre-planned enforcement operation; 

6) Privileged communications (e.g., communications with OCC). 

H. Special agents should generally avoid recording in places where individuals have a 

reasonable expectation of privacy, including but not limited to restrooms, locker 

rooms, and non-essential areas of a home once a scene is secured. 

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10. Storage and Retention of BWC Recordings. 

A. All BWC recordings will be stored and preserved on a designated OCI-approved 

system or media that is designed for the storage of sensitive law enforcement data. 

BWC recordings may not be stored on any devices or systems not designated for such 

storage. 

B. Among other things, the storage solution must have the capability to accurately 

document user login credentials and maintain audit logs for each user and access to 

the BWC recordings. The storage mechanism will also have capability to restrict 

access and viewing of BWCs recordings to those authorized personnel only, maintain 

chain of custody, and safeguards against tampering. 

C. OCI personnel must ensure that all BWC recordings are moved to storage in 

accordance with the timelines and procedures prescribed by the Chief-ISD. 

D. All BWC recordings made pursuant to this policy are deemed federal records of 

FDA/OCI records pursuant to the Federal Records Act, and, as such, must be handled 

consistent with appropriate records retention schedules.6 

E. BWC recording must be marked appropriately (e.g., date, time, case number, officer 

name, etc.) for storage and tracking purposes, including for potential litigation, 

investigation, and/or for purposes of Freedom of Information (FOIA) requests. 

F. If a hard copy of the BWC recordings is created to aid in an investigation, 

prosecution, or another sanctioned purpose, the footage must be safeguarded and 

destroyed appropriately. It is the responsibility of those using the BWC recording to 

ensure safeguarding, appropriate labeling, destruction, and accountability of the disc, 

desktop, thumb drive, or any other portable storage device. 

11. Viewing of BWC Recordings. 

A. Special agents are permitted to review their own BWC recordings before writing 

reports, including those concerning a use of force incident.7

 The purpose of using 

BWC recordings in writing reports is to maximize the accuracy of the report—not to 

replace independent recollection and perception of an event. Importantly, images and 

sounds captured on a BWC may differ in some respects from what human eyes and 

ears perceive during an event, especially in an inherently stressful situation such as 

law-enforcement activity. A special agent may also see and/or hear additional aspects 

of an event than those captured by a BWC. 

6

 OCI, in coordination with relevant agency records management officials, will ensure that appropriate records 

retention schedules are in place for records generated using BWCs. 7

 Section 13(c) of E.O. 14074 directs the Attorney General and the Secretary of Health and Human Services (HHS) 

to assess the advantages and disadvantages of officer review of BWC recordings before the completion of initial 

reports or interviews concerning a use of force incident and issue best practices. OCI may adjust this policy, as 

needed, when those best practices are issued. 

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B. Supervisory special agents, special agents in the Office of Internal Affairs (OIA), and 

other special agents, as authorized by their SAIC, may review BWC recordings in the 

following instances: 

1) To complete authorized actions in an investigation, including preparation of 

official reports; 

2) Prior to courtroom testimonies or for courtroom presentations; or the potential 

thereof; 

3) In preparation for administrative investigations/interviews; or 

4) For training purposes (with personally identifiable information redacted). 

C. BWC recordings will not be routinely or randomly viewed by supervisors or OCI 

personnel for the sole purpose of identifying policy violations and/or disciplining 

special agents. However, OCI management may review BWC recorded data in 

connection with suspected administrative or policy violations. 

12. Disclosure/Dissemination. 

A. The release of BWC recordings is subject to all applicable laws, regulations, and 

FDA policies, including but not limited to FOIA, as amended, 5 U.S.C. § 552, the 

Privacy Act of 1974, as amended, 5 U.S.C. § 552a, and applicable FDA regulations, 

including 21 C.F.R. Part 20. Nothing in this policy shall be deemed to provide a right 

of public access to BWC recordings. 

B. OCI will consider requests by members of the public, including the media, to release 

BWC recordings, on a case-by-case basis to determine if release is appropriate under 

applicable laws, including those related to law enforcement materials (e.g., FOIA, 

Privacy Act, and applicable FDA regulations). 

1) The OCI office receiving request for release of BWC recording(s) will 

immediately notify the Chief-ISD, or his or her designee. 

2) The Chief-ISD, or his or her designee, will coordinate with the appropriate 

FDA/OCI Government Information Specialist, OIA, and OCC to determine 

whether the disclosure of such BWC recording(s) is appropriate and what (if any) 

redactions and/or withholdings are required prior to the release. 

3) If release to the public is appropriate, the Chief-ISD, or his or her designee, will 

ensure that appropriate redactions (and/or withholding portions of the BWC 

recording) are applied before release. The Chief-ISD, or his or her designee, will 

consult and coordinate the timing and manner of release with the relevant FDA 

offices (e.g., OIA, OCC, and Office of External Affairs), the U.S. Attorney’s 

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Office, and other partner law enforcement agencies with personnel depicted in the 

BWC recording. 

4) OCI recognizes the need to expedite the review and consideration for public 

release of BWC recordings that depict conduct resulting in serious bodily injury 

or death of any individual. 

i. In such cases, OCI will complete the review process at the earliest possible 

time consistent with applicable laws and policies. 

ii. Whenever possible, OCI will expedite the public release of the BWC 

recordings in such cases consistent with applicable federal laws, taking into 

consideration the need to promote transparency and accountability, the duty to 

protect the privacy rights of persons depicted in the footage, and any need to 

protect ongoing law enforcement operations. 

C. OCI may provide an unredacted copy of a BWC recording to a U.S. Attorney’s 

Office, a Main Justice DOJ component, other partner law enforcement agencies8

, or 

other parties as part of on-going litigation, as permitted under FDA regulations. The 

Chief of Investigative Services Division will assess requests for disclosure for the 

above purposes, and will consult with the OCC as necessary. 

D. Unauthorized release of BWC recorded data may compromise ongoing criminal 

investigations or violate the privacy and civil rights of those recorded. Accessing, 

viewing, copying, forwarding, or releasing any BWC recorded data other than for 

official use is strictly prohibited. Any unauthorized access, use or release of recorded 

data, or other violations of confidentiality laws may result in disciplinary action or 

other legal liability. 

13. Auditing Storage and Access. 

A. The Chief-ISD, or his or her designee, together with the HQS-SAIC, or his or her 

designee, must conduct random, semi-annual audits of stored BWC recordings to 

ensure that the equipment is operational and that special agents and other OCI 

personnel are complying with policy and procedures. 

14. Attachments. N/A 

15. Questions. Questions related to this Directive should be addressed to the Chief-ISD. 

16. No Private Right Statement. This is an internal policy of OCI. It is not intended to and 

does not create any rights, privileges, or benefits, substantive or procedural, enforceable 

at law by any party in any administrative, civil, or criminal matter. 

8

 Examples include other law enforcement agencies who jointly participated in a pre-planned enforcement operation 

with OCI, or HHS Office of Inspector General when conducting an investigation into potential OCI agent 

misconduct. 

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Digitally signed by Catherine A. Catherine A. Hermsen -S 

Date: 2022.08.12 Hermsen -S 14:14:48 -05'00' 

Catherine A. Hermsen Date 

Assistant Commissioner 

Office of Criminal Investigations 

Office of Regulatory Affairs 

U.S. Food & Drug Administration 

Document History 

Status 

(I, R, CC) 

Initial 

Date Approved 

8/11/2022 

Location of 

Change History 

N/A 

Contact 

Dan Burke 

Approving 

Official 

Catherine Hermsen 

*I=Initial issuance 

**R=Revision 

***CC=Certified current after the 3-year periodic review without any changes. 

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