HOUSE F REPRESEN: 4 ives

Republic of the Philippin« RECEIVED
HOUSE OF REPRESENTATI
Quezon City pate, 16 AUG 2016
TINE: “Tow
SEVENTEI "

First Regular Session

TION UNIT

HOUSE BILL No 294 VICE

BILLS AND In’

Introduced by Hon. MARK AERON H. SAMBAR

Explanatory Note

Article 2 Section 5 of the 1987 Constitution states that:

It is the policy of the State that the maintenance of peace and order, the protection of
life, liberty and property, and the promotion of general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

The installation of dashboard cameras is the most cost-effective way for the law
enforcers to deter crimes and assist them in their crime investigations. Footage from
the dashboard cameras can also help speed up the recording of evidence in accidents,
helping avoid and worsen traffic build-ups, documenting incidents of road rage and
recording events leading up to accidents caused by drunk drivers, sleepy or wayward
drivers. It can also record one’s driving speed, road routes, direction, seatbelt usage
and steering and braking events.

This bill mandates the national and local government law enforcement agency
that installs audiovisual recording systems in the agency's patrol cars to adopt a policy
regarding the use of the recording system. Provides that the policy must: (1) require
all traffic stops to be recorded; (2) establish a procedure to follow if the recording
system malfunctions; and (3) require a law enforcement officer to document the
reason why a traffic stop was not recorded or was not recorded in its entirety.

According to the data compiled by the Traffic Management Group of the
Philippine Police, causes of road accidents include failure to yield right away, reckless
overtaking, tailgating, improper turning and excceding lawful speed limit causing
various injuries to drivers and pedestrians. A supporting study by Mendoza (2006)!
also revealed that 85 percent of road accidents in the Philippines were caused by
driver error or violations, determining that the social environment has a role to play
wherein intentions to commit violations and when there were no traffic enforcers
around. Alongside the current transportation safety policies, roadway infrastructure
and driver education programs, innovations in ICT also have the potential to improve

+ Mendoza, A.C. (2006, August) Application of Psychology to the Understanding and Modification of Road User
Behaviour. Quezon City, Philippines: University of the Philippines National Center for Transportation Studies.



the implementation of traffic regulations and guarantee road safety for a more

inclusively mobile community.
Farly passage of this bill is earnestly sought.
MARK AKRONAI)SAMBAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

a
Hust BILLNo_2949°

Introduced by Hon. MARK AERON H. SAMBAR

AN ACT
PROVIDING FOR THE MANDATORY INSTALLATION OF
DASHBOARD CAMERAS OR “DASHCAM” SYSTEMS IN ALL
GOVERNMENT-OWNED PATROL CARS AS MEANS TO DETER CRIMES

Section 1: Short
for Security Act of 2016.”

itle. - This Act shall be known as the “Dashboard Cameras

Section 2: Declaration of Policy. - It is hereby declared the policy of the State
to ensure the safety of all its citizens from abuses and crimes, such as, but not limited
to theft, robbery, homicide, kidnapping and the like. Towards this end, the State shall
require all law enforcement agencies whether national or local, to install a dashboard
camera on all government patrol cars as means of protection and to gather information
necessary to further this policy.

Section 3: Definition of Terms. - For purposes of this Act, the following terms
shall be used under the definition provided hereof, to wit:

Dashboard camera or dash cam. ~ a camera that is mounted in or around the
dashboard. The camera is easily attached using a suction cup mount. Powered by
batteries, it is hardwired into the vehicle's 12-volt system or through the cigarette
lighter. The dash cam faithfully records all it sees as the car moves about its daily
business. The dash cam automatically starts when the car does and records video into
removable storage. More complex versions include global positioning systems that
can pinpoint the location of what has been recorded, monitor speed, time and date or
the recordings. Shock censors can even tag recordings upon impact to ensure that data
is not overwritten in the event of a collision.

Law Enforcement Agency. - refers to any agency which enforces the law. This
includes the Philippine National Police and National Bureau of Investigation.

Law Enforcer. - refers to the body of government employees trained in
methods of law enforcement and crime prevention and detection and authorized to
maintain the peace and order of the communi



SEC. 4. Procurement and Installation of Dash Cams. The installation and use
ofa dashboard camera system shalll be required for all government-owned patrol cars
‘The proper placement of a dashboard camera system shall be ensured that it does not
impair the driver's view of the road and outside the range of airbag deployment, the
ideal location of which is in the windshield.

SEC. 5. Restriction in Placement. To ensure reliable visibility, the dash cam
system may be no larger than a 5-inch square area on the driver's side of the
windshield, or a 7-inch square area on the passenger's side windshield

SEC. 6. On Privacy and Electronic Surveillance. The usage of the dash cam as
a recording device shall be in compliance with the provisions of Republic Act 10173
or otherwise known as the Data Privacy act of 2012, assuring that the data subject/s
need to consent before the recording and release of information unless there is a legal
obligation that required for it to be kept or processed. If the government-owned
vehicle owns a dash cam with a shock sensor, the recorder may not store more than
30 seconds of data before and after the event that triggers its recording function.
Provided that proper process was followed, data obtained through dash cam is
admissible in court.

SEC. 7. Allowed Use and Disclosure. - The use, viewing, copying, or disclosure
of video feeds and recordings obtained pursuant to the surveillance performed in
accordance with this Act shall only be allowed in the following instances:

(@) Use, viewing, copying, or disclosure to a member or officer of a law enforcement
agency in connection with and limited to the investigation or prosecution of an offense
punishable by law or regulation;

(b) Use, viewing, copying, or disclosure in connection with any pending criminal or
civil proceeding: or

(oc) Use, viewing, copying, or disclosure that may be necessary for persons to
determine whether or not an offense was committed against their person or property,
to ascertain the identity of a criminal perpetrator, and to determine the manner by
which the offense was perpetrated.

SEC. 8. Penalties. - Any act or omission causing the violation of duties ascribed
under this Act shall be punishable with imprisonment not exceeding six (6) months,
or a fine not exceeding one thousand pesos (P1,000.00), or both, without prejudice to
other civil or criminal liabilities that may arise therefrom.

SEC. 9. Implementing Agency. - The Department of Interior and Local
Government and the respective local government units shall ensure the
implementation and enforcement of this Act.


SEC. 10. Implementing Rules and Regulations. - Within thirty (30) days from
the effectivity of this Act, the Secretary of Interior and Local Government, in
consultation with appropriate government agencies and other stakeholders, shall
promulgate the necessary rules and regulations to implement this Act

SEC. 11. Separability Clause. If any provision of this Act or the application of
such provision to any person or circumstances is held invalid, the remainder of this
Act or the application of such provision to other persons or circumstances shall not
be affected thereby.

SEC. 12. Repealing Clause. All laws, rules or orders inconsistent with the
provisions of this Act are hereby repealed or modified accordingly

SEC. 13, Effectivity. This Act shall take effect upon completion of its
publication in at least one (1) national newspaper of general circulation

Approved,