(1)  The use of a personal camera is in accordance with this section if –

(a) it is –

(i) being held and used; or

(ii) being worn and used –

by a police officer who is on duty; and

(b) the presence of the personal camera is overt; and

(c) where the personal camera is being used to record a private conversation to which the police officer is a party –

(i) he or she is in uniform; or

(ii) he or she has informed each other party to the conversation that he or she is using a personal camera; or

(iii) the circumstances are such that the person being recorded ought reasonably to be expected to be aware that the private conversation is being recorded.

(2)  Despite section 5(6) , the Right to Information Act 2009 and the Personal Information Protection Act 2004 apply in relation to information that consists of a recording made, or a transcript or copy of a recording made, by means of a personal camera being held or worn by a police officer, if the information may be used, communicated or published under section 33(3) or (4) .