Facial Recognition: Police Use

Diana Johnson Excerpts

Wednesday 13th November 2024 Westminster Hall

[The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)]

It is a pleasure to serve under your chairmanship, Dame Siobhain. I congratulate the right hon. Member for Maldon (Sir John Whittingdale) on securing this important debate. I am grateful to him and all other right hon. and hon. Members who have made thoughtful and insightful contributions this morning.

I congratulate the right hon. Member for Croydon South (Chris Philp) on his new role. When he held the role that I now hold, he was very passionate about this subject. That passion is demonstrated today by the number of interventions he has made and by his contribution in defence of the previous Government’s approach to this particular policy. Now that we have seen the shadow Home Secretary in a Westminster Hall debate on this issue, I very much hope that we might see him here again when we debate the many other policing issues that we have to deal with, including police reform and police accountability—the list goes on.

This has been a very good debate. We have ranged from discussing the Jason Bourne films to a night out with my hon. Friend the Member for Brent East (Dawn Butler). We have also had excellent contributions from the hon. Member for Strangford (Jim Shannon), my hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy), the hon. Members for Leicester South (Shockat Adam), for Brighton Pavilion (Siân Berry), for South Basildon and East Thurrock (James McMurdock), for Dewsbury and Batley (Iqbal Mohamed) and for Birmingham Perry Barr (Ayoub Khan), and the Liberal Democrat Front-Bench spokesperson, the hon. Member for Carshalton and Wallington (Bobby Dean).

I will deal with the complex issues that Members have set out so eloquently. At the heart of the issue is the fact that we are dealing with a powerful technology that has the potential to be transformational for policing. However, some have very legitimate concerns about it, including misidentification, misuse and the effect on human rights and individual privacy. I agree wholeheartedly that we need a proper, informed debate on the subject, both in this House and with the public, and I am pleased that we have had the opportunity to start that today.

Let me quickly run through the current use and benefits of live facial recognition, which, as we have discussed, allows the police to spot people in crowds. It uses live video footage of crowds passing a camera and compares their images to a specific watchlist of people wanted by the police. As well as Essex police, who we have heard about, the Metropolitan police and South Wales police have been using this technology for a number of years. In fact, as the shadow Home Secretary said, I was due to go and see one of the deployments this morning, but then this debate was scheduled, so I am going to see it for myself this afternoon instead.

I am told by the Metropolitan police that between January and November this year they made over 460 arrests as a result of live facial recognition deployments, including for offences such as rape, domestic abuse, knife crime and violent robbery. In addition, over 45 registered sex offenders have been arrested for breaching their conditions. South Wales police tell me that between January and November, they deployed live facial recognition locally on 20 occasions, resulting in 12 arrests. They also located a high-risk missing young girl, who they were able to safeguard from child sexual exploitation and criminal exploitation. Essex police, as the right hon. Member for Maldon has attested, have also had considerable success in their use of this technology.

The potential of live facial recognition to contribute to our safer streets mission is clear. It could make our streets safer for us all, particularly for women and girls, by helping the police to identify wanted people quickly and accurately. It could also save precious police time. Rapid advances in the technology and improvements in the accuracy of algorithms increase that potential.

Let me consider the concerns that have been raised. I was pleased to hear that the right hon. Member for Maldon was impressed by the strict limit that Essex police have put on their use of live facial recognition. That includes use of the narrowly drawn watchlist and the immediate deletion of images. However, I note his worries about the lack of a specific legal framework for the technology’s use. It is therefore important to be clear that facial recognition is covered by data protection, equality and human rights law as well as common law powers and detailed guidance from the College of Policing. However, the right hon. Member is right that no one specific law gives the police the power to use live facial recognition.

The Ada Lovelace Institute, an independent research institution with a mission to ensure that data and AI work for people and society, has written to the Home Secretary to express similar concerns to those of the right hon. Member. It believes that the only way to scale up those technologies safely and successfully is through the introduction of a statutory regulatory framework. I have spoken to senior police leaders about the matter, and some believe that the lack of a specific legal framework inhibits their use of the technology and dampens willingness to innovate.

With legal challenges highly likely, it is not surprising that some police forces are reluctant to use the technology. However, others in policing are keen to emphasise the safeguards that are already in place. For example, they assure me that the police do not keep the biometric data of people filmed during live facial recognition deployments, that watchlists are bespoke and that the police deploy the technology only when there is an intelligence case for doing that. I have also been assured that there will always be a human being in the loop to decide whether to apprehend someone. That would never be done solely on the basis of a match made by a computer.

Privacy campaign groups have a long-standing interest in the subject. I am aware of their concerns, as well as previous and ongoing legal actions relating to police use of live facial recognition technology. Potential bias in the algorithms used for live facial recognition systems is another frequently raised concern. Questions have been asked today about that very point and whether live facial recognition discriminates against people on the grounds of gender or race. I am also aware that 65 Members of Parliament and peers signed an open letter last year that called for a ban on live facial recognition, and that in January the House of Lords Justice and Home Affairs Committee sent the then Home Secretary a report raising concerns and making recommendations about live facial recognition.

I remind Members that the Government have been in post for five months. Let us put that in the context of the previous 14 years of Conservative Administrations. The Government want to take time to listen and to think carefully about the concerns that have been raised and about how we can best enable the police to use live facial recognition in a way that secures and maintains public confidence.

As we have heard today, facial recognition technology is a powerful tool. In considering its current and future use, we must balance privacy concerns with the expectation that we place on the police to keep our streets safe. We particularly need to consider how much support the police may require from Government and Parliament to set and manage the rules for using technologies such as facial recognition. We must think about how we protect the public from potential misuse of those technologies, and we need to consider how the application of the rules and regulations is scrutinised.

I am therefore committed to a programme of engagement in the coming months to inform that thinking. Building on initial conversations with police, I will hold a series of roundtables, for example, with regulators and civil society groups before the end of the year. I look forward to hearing at first hand from a broad range of parties on the subject.

I am running out of time. I want to say much more on this issue, and I want to confirm that money is being spent this year on the roll-out of the live facial recognition vans that are being equipped to carry out this work. There is a full evaluation of that work going on. I very much look forward to the House having further opportunities to debate the issue in the coming weeks and months.

Motion lapsed (Standing Order No. 10(6)).