Facial Recognition: Police Use

Debate between Siobhain McDonagh and Chris Philp

Wednesday 13th November 2024 Westminster Hall

[Chris Philp]

On the misidentification rate, I think the Bridges court case set a standard of a false positive rate of one in 1,000: out of every 1,000 people stopped, 999 are the people the police think they are, while one is misidentified. The Minister may have more up-to-date figures, but from my recollection the system in practice is running at about one in 6,000. That is an extraordinarily high accuracy rate—much more accurate than a regular stop and search.

About 25% to 30% of regular physical stops and searches, where a police officer stops someone and searches them for drugs or a knife or something, are successful. About 70% are unsuccessful, while the equivalent figure for live facial recognition is 0.02%. That means that this technology is 4,500 times less likely to result in someone being inappropriately stopped than a regular stop and search. It therefore hugely—by three orders of magnitude—reduces the likelihood of someone being improperly stopped and searched.

I turn to the use of the technology on the ground. I asked for it to be trialled in the centre of Croydon, which is the borough I represent in Parliament. Over the past nine months or so, it has been deployed on a relatively regular basis: about once a week. I believe that the Minister was supposed to go down this morning to have a look; I certainly encourage her to go again as soon as she can. By the way, the hon. Member for Birmingham Perry Barr (Ayoub Khan) asked whether people know when the technology is being used. The answer is yes: one of the guidelines is that public signage must be displayed telling the public that the technology is in use.

Over that period in Croydon, there have been approximately 200 arrests of people who would not otherwise have been arrested, including for all kinds of offences such as class A drugs supply, grievous bodily harm, fraud and domestic burglary. It has also included a man who had been wanted for two rapes dating back to 2017. That wanted rapist would be free to this day if not for this technology. Just a couple of weeks ago, a man was stopped and subsequently arrested in relation to a rape allegation from June this year. There are people who are alleged to have committed rape who would not have been stopped—who would still be walking free—if not for this technology. It is only the fact that they walked past a camera outside East Croydon station or somewhere that has meant they were stopped by the police. They will now have a normal trial with the normal standards of evidence, but they would not have been caught in the first place if not for this technology.

I have done quite a lot of public meetings on this. I explain, “These are the people who get caught, and the price the public pay is that you might get scanned when you walk down Croydon High Street, but if you are innocent your picture is immediately deleted.” By and large, the overwhelming majority of the people in Croydon think that a reasonable trade-off.

There should be protections, of course. Several hon. Members, including my right hon. Friend the Member for Maldon, have rightly said that there should be guidelines, rules and procedures. However, it is not true that there is a complete vacuum as far as rules and regulations are concerned. The Bridges case at the Court of Appeal in 2020 looked at how South Wales police were using the technology between 2017 and 2020. It found that some of the ways they were using the technology were not appropriate because they broke rules on things like data protection privacy. It set out in case law the guidelines that have to be adhered to for the technology to be lawful—things like public signage, the rate of accuracy and having no racial bias.

Secondly—I do hope I am not taking the Minister’s entire speech—there are guidelines for police. The College of Policing has national authorised professional practice guidelines that the police are supposed to stick to. There is a debate to be had about whether, for the sake of clarity and democratic accountability, we in Parliament should set something out more formal; my right hon. Friend the Member for Maldon made that point. I think there would be some merit in clarifying at a national level where the guidelines sit, but I would not go as far as Europe. If we had done so, those rapists would not have been arrested. I would also be careful to ensure that any legislation is flexible enough to accommodate changing technology. Primary legislation may not be the right vehicle: a regulation-making power might be a more sensible approach, so that things can be kept up to date from time to time.

While we consider that, I strongly urge the Minister not to halt the use of the technology. As we speak, it is arresting criminals in Croydon and elsewhere who would not otherwise be caught. I urge her to continue supporting the police to roll it out. I think some money was allocated in the Budget for the current financial year, to continue developing the technology. I would welcome an update from the Minister on whether that money is still being spent in the current financial year. I do hope it has not somehow been snaffled by the Treasury in a misguided cost-saving effort—

[Dame Siobhain McDonagh (in the Chair)]

Order. I apologise for interrupting the shadow Secretary of State, but I am looking at the time. I am sure hon. Members would like to hear from the Minister.

[Chris Philp]

None more so than me. I will conclude by saying that this is an important technology: it takes people off the streets who would otherwise not be caught. The Minister has my support in continuing its roll-out and deployment.