Yes, filming police officers in Peru is generally legal under the Constitution’s freedom of expression provisions, but strict limitations apply to protect operational security and privacy. The 2023 Ley de Protección de Datos Personales and Supreme Decree 003-2021-JUS regulate recordings, requiring consent for identifiable individuals. Interference with police duties or dissemination of sensitive footage may trigger penalties under the Penal Code.
Key Regulations for Filming Police Officers in Peru
- Operational Security Clause: Article 20 of the Código Procesal Penal prohibits recordings that disrupt ongoing investigations or endanger personnel. Violations may lead to confiscation under Ley 31012 (2020), which grants police authority to seize devices if evidence is deemed critical.
- Consent for Identifiable Subjects: Peruvian data protection law mandates prior consent for publishing images of police officers where their faces or uniforms are clearly visible, unless the footage pertains to public interest events (e.g., protests).
- Public vs. Private Spaces: Filming in public areas (streets, parks) is permitted, but drone usage requires prior authorization from the Dirección General de Aeronáutica Civil (DGAC), as per Decreto Supremo 015-2022-MTC. Recording inside police stations or during tactical operations is restricted without explicit approval.
Enforcement remains inconsistent, with regional prosecutors often prioritizing cases involving alleged defamation or obstruction. The Defensoría del Pueblo has criticized police for overreach in seizing footage, urging adherence to judicial warrants. For compliance, journalists and citizens should document interactions discreetly, avoid live-streaming during arrests, and redact sensitive metadata before dissemination.