Facial Recognition: Police Use

Debate between Douglas McAllister and John Whittingdale

Wednesday 13th November 2024 Westminster Hall

[Sir John Whittingdale]

My right hon. Friend has anticipated my next point extremely effectively. I was Minister at the time of the passage of the Data Protection and Digital Information Bill, which did not cover live facial recognition technology. At the same time, my right hon. Friend the Member for Croydon South (Chris Philp), who is the shadow Home Secretary, was the Minister for Policing and he made a speech about how valuable live facial recognition technology was. I therefore sought advice about how that fitted in with GDPR.

The advice that came back following consultation with the Information Commissioner’s Office was that there is no blanket approval by the ICO for the use of LFR technology. Essentially, it should be judged on a case-by-case basis, but the ICO had expectations that data protection and privacy should be respected. It went on to say that the use of LFR can be highly intrusive and future uses of the technology may require updates, but that the ICO is monitoring it closely. That is only partially reassuring. Essentially, the ICO recognises that breaches of data protection could be possible, and is monitoring it, but there is no clear guideline to assist the police or anybody else with precisely how it should be used.

I am grateful to legal consultants Handley Gill, who wrote to me yesterday and who are involved in advising a number of people about the legality of the technology. They said that

“it is undesirable for individual Chief Officers and PCCs to have to engage in the wide ranging review and preparation of the necessary documentation, and that a move toward a common national approach (and choice of technology provider) would secure efficiencies and also enable closer monitoring…to ensure their efficacy and lawfulness.”

Although we are no longer bound by European Union law, the EU has brought in much more stringent controls than exist here.

[Douglas McAllister (West Dunbartonshire) (Lab)]

Scotland’s chief constable said in September that it would be “an abdication” of her duty not to assess whether this AI tool could be used and that the force was “very much alive” to it, describing it as a crucial tool to “take violent perpetrators” off the streets. In my view, it is an exercise in balancing the need to tackle crime and keep people safe with the impact the tool may have on human rights and civil liberties. I believe the right hon. Gentleman wishes to introduce stringent restrictions on the use of such surveillance. If so, what are they, and is he seeking to follow similar European states’ legislation akin to the EU Artificial Intelligence Act?

[Sir John Whittingdale]

The EU’s AIA lays down very strong controls—it almost goes too far—in that it restricts the categories of individual who can be sought under the watch list to quite a small number. The House of Commons Library points out that

“the AIA 2024 prohibits the use of ‘real-time remote biometric identification systems’ (such as LFR) in publicly accessible spaces for the purposes of law enforcement, unless such use is ‘strictly necessary’ for one of the following objectives”.

The list it provides includes the search for specific victims of abduction or trafficking; missing persons; the prevention of a substantial and imminent threat to life; the prevention of a genuine threat of a terrorist attack; or the localisation of a person suspected of having committed a criminal offence.

In Europe, the controls are strong, but in this country it is left largely to police officers to interpret the law and be reasonably confident. However, legal challenges are under way. Shaun Thompson, whom I met, is seeking judicial review of the police’s actions and the campaign organisations are also looking at legal challenges. There is a real need for clarity. Certainly, the sergeant of Essex police who is in charge of deployment told me that, in his view, it would be really helpful for the police to have clear guidelines. They would then not have to make those difficult decisions and could potentially satisfy a court that the use was proportionate and justified.

As far as I am aware, this matter has not been debated by Parliament before, and it should have been because there is a real need to seek clarity in the law. This may sound like science fiction, but ultimately there is a risk that it becomes possible for every CCTV camera in the country to be linked up, and there could be a watchlist of not 600 but millions of people. Concerns have been expressed by organisations such as Big Brother Watch—in this particular instance, that organisation could be well named—and I do not think any Member would wish to go down that route. I think most people recognise that there is some value in the technology, but there is a need for clarity. I am grateful to the shadow Home Secretary and particularly the Minister for Policing for coming to contribute, and I look forward to what they have to say.