Judges rule police trials of facial recognition unlawful

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

Trials that took place in Cardiff in 2017 and 2018 using a system called AFR Locate were found to have breached the Human Rights Act as well as data protection and equality laws.

Following yesterday’s judgment, the pressure group Liberty, which had helped bring the legal challenge, said the technology should now be banned.

Live facial recognition software uses cameras to scan crowds in public places, and check their 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. But civil rights campaigner Ed Bridges, 37, 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.

After his initial legal challenge was rejected, the Metropolitan Police began using facial recognition technology across London. But the Court of Appeal ruling could mean the way it is used in future will have to be reviewed.

It may also put other forces off investing in the technology.

In their ruling, the judges 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 considered the data protection implications fully enough, and had not taken reasonable steps to find out if the software had a racial or gender bias.

But Sir Terence Etherton, Master of the Rolls, Dame Victoria Sharp, President of the Queen’s Bench Division, and Lord Justice Singh 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. After the ruling, Mr Bridges said he was “delighted” the court has found that “facial recognition clearly threatens our rights”.

Chief Constable Matt Jukes, of South Wales Police, 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.”

A Met spokesman 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.”