Facial Recognition and the Biometrics Strategy

Jim Shannon Excerpts

Wednesday 1st May 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Bristol North West (Darren Jones) on presenting the case very well. We spoke before the debate started and found we were on the same page. I am pleased to see the Minister in his place. Our comments are made with a genuine interest in arguing the case and hopefully to help the Government see the correct way of moving forward. I also want to thank the hon. Member for Bristol North West for the hard work that he and other members of the Science and Technology Committee undertake. It is painstaking work—very technical and detailed. If I was wearing a hat I would take my hat off to them for what they have done.

The issue of facial recognition is a complex matter. Of course, anyone who watches American crime dramas—I am one of those people who watches CSI and all the others from about 11 o’clock until 12 midnight before going to bed—will think it is a useful tool for identifying terrorist suspects, which can be right, but Hollywood life and real life are two very different things, and black and white is difficult to have when we consider people’s right to privacy and how far we can have a security site without a Big Brother state. I am always very conscious of that Big Brother state.

I thank the Library for the background information. I read in the paper this morning of a suspect in China who was wanted in relation to the murder of his mother. He had been missing for two to three years, but facial recognition was installed at the airport and they caught him. That is one of the good things that can happen—those who thought they would get away with a crime are made accountable.

I declare an interest as the chair of the all-party group for international freedom of religion or belief. As hon. Members know, I am very interested in such issues. China has apprehended a fugitive and is making him accountable for his crime, but at the same time China uses facial recognition to fence in villagers in the far west of China. That is a very clear illustration of how that technology can be used to the detriment of human rights and religious minorities in a country that, let us be honest, is guilty of many human rights abuses. I am very concerned at how China can use facial recognition to its advantage to suppress human rights and to suppress people’s right to practise their religion in the way that they would like.

On accuracy and bias, some of the information illustrates clearly that errors for low-resolution surveillance footage can exceed 10%, so there is still a question mark over the validity of the process. If as many as 10% of people are found not to be the right person, I question the validity of the process.

We cannot deny or ignore the concerns of Elizabeth Denham, the Information Commissioner. She raised concerns about facial recognition technology and law enforcement in her blog:

“There is a lack of transparency about its use and there is a real risk that the public safety benefits derived from the use of FRT will not be gained if public trust is not addressed.”

I refer to the questions that the hon. Member for Bristol North West asked, and I suspect others will, in relation to the need for public trust that the system will not be abused or used detrimentally against people. People feel strongly about this matter. How does the use of FRT comply with the law? How effective and accurate is the technology? How do forces guard against bias? What protections are there for people that are of no interest to the police? How do the systems guard against false positives and their negative impact? That is clearly an issue.

My hon. Friend the Member for South Antrim (Paul Girvan) tabled a parliamentary question on 24 May 2018—

“To ask the Secretary of State for the Home Department if he will take steps to ensure that the facial recognition software that law enforcement bodies use is accurate.”

It clearly tells us that there are concerns across all four regions of the United Kingdom—England, Scotland, Northern Ireland and, obviously, Wales.

The background is clear. The courts ruled in the 2012 RMC case that it was unlawful to hold custody images without making a distinction between those who were convicted and those who were not. In response, the Home Office has introduced a system to allow unconvicted individuals to request the deletion of their images. We understand the system and that is all great, but it is an opt-out scenario; the individual must ask for the deletion of their image. I am not sure how many people would think of doing so; I suspect it would be the last thing on many people’s mind, with their busy lives. I know I probably would not think of doing so. I would not know that my images have been stored away for a rainy day to be pulled out, even though I am completely innocent. The presumption, “You may well do something someday” is not enough of a reason to hold on to these things. An arrest must be made for fingerprints to be taken and stored, and yet no arrest is needed for images of a person in the background of an event to be taken and perpetually stored by successive Governments—not just this Government, but every Government that comes after, if the legislation is in place.

The excuse of cost is a weighty consideration, and so is the protection of personal identification. I say this honestly: because of my age I have lived through the height of the troubles, when cars were searched, ID was a must and the battle against terrorists was daily. I lived with that, not just as an elected representative, but as a former member of the part-time army—the Territorials and the Ulster Defence Regiment. We seem to be heading that way again. I could understand it if the Government were to make it known that they believed that retaining this process would save lives—I would understand the thinking behind what they are trying to do—but that if necessary, there would be a mechanism to have the information removed. I could understand it if there was that level of transparency. However, to say that the reason is that there is not enough money to do an IT upgrade just does not wash with me, and I suspect it does not wash with others taking part in today’s debate.

I agree with the Science and Technology Committee report, “Biometrics strategy and forensic services”, published on 25 May 2018, which states:

“The Government must ensure that its planned IT upgrade…is delivered without delay…to introduce a fully automatic image deletion system for those who are not convicted. If there is any delay in introducing such a system, the Government should move to introduce a manually-processed comprehensive deletion system as a matter of urgency.”

That would be my request to the Minister. We have great respect for the Minister; that goes without saying, but we are very concerned about what is proposed, or could possibly happen, and we have to record those concerns.

I further agree that facial image recognition provides a powerful evolving technology, which could significantly help policing. I am all for that, but everyone must be clear about what is acceptable, what is not acceptable, what is held and for what purpose. That underlines my point that if it is for the sake of security, then say it and we can debate the merits of the case. If that is the purpose, let us debate it honestly, truthfully and in an informed way, to ensure that all concerns are taken on board.

I am all for targeting those on a watchlist or those affiliated with those on a watchlist, as in previous examples of terrorism on the mainland and back home as well, but let us be clear that it is happening, and let us be clear that those who take umbrage against it have the information that they need to ensure that their images are not stored even though they have not committed a crime and are not a person of interest. I am conscious of the need to protect human rights, protect privacy and protect those who are innocent, although I understand the reasons for the process.

In conclusion, I look to you, Minister, as I always do. We must have a chance to debate these issues and make an informed decision about the strategy and the justification for it. I look forward to the report’s coming before us, but I must record my concerns.