Face recognition software challenged in courts

Calls for live facial recognition cameras to be scrapped have come from privacy campaigners, after the Court of Appeal ruled that a pilot scheme operated by South Wales Police had been unlawful.

 

In 2017 and 2018 trials took place in Cardiff with South Wales Police using a system called AFR Locate. These trials were found to have breached data protection and equality laws, as well as the Human Rights Act.

 

The pressure group Liberty, which had helped bring the legal challenge, said following the judgment the technology should now be banned. 

 

Live facial recognition software uses cameras in public places to scan crowds and check images against a watch list of wanted suspects. Senior police officers have said it is a vital tool in helping to keep the public safe from wanted criminals. 

 

A 37-year-old civil rights campaigner, Ed Bridges, took South Wales Police to court arguing that he had been caused distress after being scanned while Christmas shopping and again at a peaceful protest.

 

Sir Terence Etherton, Master of the Rolls, Dame Victoria Sharp, President of the Queen's Bench Division, and Lord Justice Singh expressed concern that there was no clear guidance on where the system is used and who could be put on a watch list. They also found that South Wales Police had not taken reasonable steps to find out if the software had a racial or gender bias and had not considered the data protection implications fully enough.

 

The judges did find that the use of equipment by South Wales Police had been a "proportionate interference" with human rights laws because the potential benefits outweighed the impact on Mr Bridges. Following the ruling, Mr Bridges stated he was "delighted" the court has found that "facial recognition clearly threatens our rights".

 

Speaking for South Wales Police, Chief Constable Matt Jukes said, "The judgment points to a number of policy areas that require attention. We are now in discussions with the Home Office and Surveillance Camera Commissioner about adjustments we should make."

 

The Metropolitan Police began using facial recognition technology across London after Mr Bridges' initial legal challenge was rejected. The Court of Appeal ruling may also put other forces off investing in the technology and could mean the way it is used in future will have to be reviewed.

 

A spokesman for the Met said, "We will consider the judgment, and act on relevant points to ensure we maintain our commitment to use facial recognition in a lawful, ethical and proportionate way."

 

The Johnson Partnership

Nottingham Solicitors

 

01159 419141