(1) The use of body-worn video by a police officer is in accordance with this section if--(a) the police officer is acting in the execution of his or her duty, and(b) the use of body-worn video is overt, and(c) if the police officer is recording a private conversation, the police officer is in uniform or has provided evidence that he or she is a police officer to each party to the private conversation.
(2) Without limiting the ways in which the use of body-worn video may be overt for the purposes of subsection (1)(b), the use of body-worn video is overt once the police officer informs the person who is to be recorded of the use of body-worn video by the police officer.
(3) The use of body-worn video by a police officer is also in accordance with this section if--(a) it is inadvertent or unexpected, or(b) it is incidental to the use of body-worn video by the police officer in the circumstances set out in subsection (1).