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Audit Finds NYPD Failing to Comply With Body Camera Transparency Laws

The NYPD failed to respond to about 85% of Freedom of Information Law (FOIL) requests for body-worn camera footage, according to a new audit from the city Comptroller's office.
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New York City Police Department at the 60th annual Grammys on Sunday, January 28, 2017.

New York City Comptroller Brad Lander’s latest audit found that the New York City Police Department has fallen far short in complying with Freedom Of Information Law requests (FOIL) for body-worn camera footage, exposing deep gaps in transparency and accountability.

The audit reviewed how the department handles footage from the body cameras all patrol officers have been required to wear since 2019, a measure originally introduced to improve transparency, provide critical evidence, plus reduce excessive force and unlawful stops.

According to the findings, the NYPD failed to respond to 85% of FOIL requests within the legally required 25 business days. Of more than 5,400 requests analyzed, 4,591 were delayed, with some taking more than two years to resolve. 

Even by the department’s own internal goal of 95 business days, the NYPD missed the mark more than half the time, averaging 133 business days per response. Nearly 1,200 requests took over 200 business days and hundreds dragged on for more than a year.

“The whole purpose of body-worn cameras is transparency," Lander said in a statement. "Failing to provide the footage as required by law fundamentally undermines the whole purpose of program."

The data also shows that the department often withholds footage until appeals are filed. 97% of appeals between 2020 and 2024 were ultimately granted, revealing an overly restrictive approach to public access.

Beyond FOIL delays, the audit uncovered serious issues with how the department manages and reviews body camera use. 

Of the nearly 7,800 videos examined, officers activated cameras late or stopped recording early in 18% of cases and more than a third of the requested 911 dispatch videos. Over 4,300 were missing from the NYPD’s system altogether.

The audit also found that the department has failed to carry out required monthly self-inspections of camera footage. More than half of the requested inspection worksheets from precincts across the city could not be produced.

Auditors raised further concerns about the accuracy and oversight of stop, frisk and search reports. In some precincts, officers marked critical review fields as “N/A” and in several cases, supervisors deemed frisks justified even when the underlying stops were not, contradicting NYPD policy.

The review also revealed gaps in monitoring use-of-force incidents. In nearly a quarter of substantiated excessive force cases examined, NYPD failed to complete the required Threat, Resistance, or Injury (TRI) reports.

The Comptroller’s Office issued a series of recommendations to strengthen oversight and improve response times. Among them:

  • Increase staffing to handle FOIL requests and ensure they are processed on time.
     
  • Ensure every patrol officer is equipped with a working body camera.
     
  • Investigate inconsistent camera activation rates across precincts.
     
  • Strengthen internal reviews of stops, searches and uses of force.
     
  • Regularly audit body camera footage to verify that TRI reports are completed in all cases involving force.



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