Facial Recognition: Police Use

Debate between John Whittingdale and David Davis

Wednesday 13th November 2024 Westminster Hall

[Sir John Whittingdale]

I certainly agree that more assurances need to be given. That is actually one of the purposes behind requesting this debate. The hon. Lady is right that concerns have been expressed—

[David Davis (Goole and Pocklington) (Con)]

I agree with the hon. Member for Liverpool Riverside (Kim Johnson), but it goes deeper than that. There are at least three conditions that ought to apply, and I would be interested to hear from my right hon. Friend the Member for Maldon (Sir John Whittingdale) whether Essex met them. First, these things always ought to be under judicial oversight; it should not simply be a police decision. Secondly, as he said, only the records of presumed guilty or actively sought people should be kept and, thirdly, that innocent people’s records should be destroyed straightaway. That should not be left to a guideline; it should be under legislative control and properly treated in that way.

[Sir John Whittingdale]

I agree with my right hon. Friend. The problem at the moment is that we do not even have national guidelines. There is a complete absence, which I will come to later. I will give way to the shadow Home Secretary.

--- Later in debate ---

[Sir John Whittingdale]

The hon. Lady is completely right. I think the police are generally being responsible in its use and setting the threshold as recommended, but that is another example where there is no requirement on them to do so, and they could lower it. Regarding deployment in Essex, the chief constable told me there was just one false positive.

I attended a meeting with Baroness Chakrabarti, along with my right hon. Friend the Member for Goole and Pocklington, where Shaun Thompson, an anti-knife community worker, spoke to us. He had been held by the police for 30 minutes and forced to provide all sorts of identity documents, as a result of a false positive. On the extent to which it is occurring and whether racial bias is involved, there is some evidence that that is the case. That makes it all the more important that we provide assurances.

We have heard from several campaign organisations that are concerned about the use. They vary in the extent to which they believe it is a legitimate technology. Big Brother Watch has described live facial recognition technology as

“constant generalised surveillance”

and has said that it is

“indiscriminately subjecting members of the public to mass identity checks”

which undermines the presumption of innocence.

Liberty has gone further, saying:

“Creating law to govern police and private company use…will not solve the human rights concerns or the tech’s inbuilt discrimination…The only solution is to ban it.”

I do not agree with that, because I think there is clear evidence that it has a real benefit in helping the police apprehend people who are wanted for serious offences, but one of my major concerns is the lack of any clarity in law about how it should be used.

I am grateful to the Library, which has provided advice on that point. It says:

“There is no dedicated legislation in the UK on the use of facial recognition technologies.”

Instead, its use is governed by common law and by an interpretation of the Police and Criminal Evidence Act 1984, although that Act does not mention live facial recognition technology, and some case law, such as the Bridges case. Even in the Bridges case, the Court of Appeal found that

“The current policies do not sufficiently set out the terms on which discretionary powers can be exercised by the police and for that reason do not have the necessary quality of law.”

[David Davis]

On precisely that point, some police forces in the UK take the view that GDPR has reach in this area. Does my right hon. Friend have a view on that?

[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.

Data Protection and Digital Information Bill

Debate between John Whittingdale and David Davis

Report stage
Wednesday 29th November 2023 Commons Chamber

[Sir John Whittingdale]

I can tell the hon. Gentleman that it is not the case that the DWP intends to focus on the state pension—and that is confirmed by my hon. Friend the Member for Corby. This is specifically about ensuring that means-related benefit claimants are eligible for the benefits for which they are currently claiming. In doing that, the identification and the avoidance of fraud will save the taxpayer a considerable amount of money.

[Mr David Davis (Haltemprice and Howden) (Con)]

I think everybody in the House understands the importance of getting this right. We all want to stop fraud in the state system. That being said, this is the only time that I am aware of where the state seeks the right to put people under surveillance without prior suspicion, and therefore such a power has to be restricted very carefully indeed. As we are not going to have time to debate this properly today, is my right hon. Friend open to having further discussion on this issue when the Bill goes to the Lords, so that we can seek further restrictions? I do not mean to undermine the effectiveness of the action; I just want to make it more targeted.

[Sir John Whittingdale]

I am very grateful to my right hon. Friend for his contribution, and I share his principled concern that the powers of the state should be limited to those that are absolutely necessary. Those who are in receipt of benefits funded by the taxpayer have an obligation to meet the terms of those benefits, and this provision is one way of ensuring that they do so. My hon. Friend the Member for Corby has already said that he would be very happy to discuss this matter with my right hon. Friend further, and I am happy to do the same if that is helpful to him.

Oral Answers to Questions

Debate between John Whittingdale and David Davis

Thursday 3rd May 2018 Commons Chamber

[Mr Davis]

I am not sure whether it is constitutional to discuss my resignation, but I will say that I do not take it to be imminent.

The simple truth is that this is a complex and important issue, which will affect our country for generations. It has a direct effect on the sensitive issue of Northern Ireland and the peace process there, which we are committed to protecting at all costs. It is therefore no surprise that it will take some time to nail down the policy.

[Mr Whittingdale]

Conservative Members are confident that my right hon. Friend will achieve the best possible outcome for this country in the negotiations and will continue to serve this country for a long time thereafter. Will he confirm, however, that his task will not be made any easier—indeed, it will be made considerably harder—by some of the amendments to the European Union (Withdrawal) Bill that have been passed in the other place? Does he agree that they will need to be repealed when they come back to this House and that the Lords will press them at their peril?

[Mr Davis]

I thank my right hon. Friend for his forecast, or his good wishes—one or the other—

--- Later in debate ---

[Mr John Whittingdale (Maldon) (Con)]

Will my right hon. Friend confirm that when the so-called WAIB—withdrawal agreement and implementation Bill—becomes law, we will be committing ourselves to a financial settlement that will be binding in international law? Does he therefore agree that we should seek to obtain as much detail as possible in the political declaration while we still have that leverage?

[Mr David Davis]

Of course, what will be binding in international law is what is written into the withdrawal agreement, and I would therefore expect Parliament to have views on what conditions should be in it.

Oral Answers to Questions

Debate between John Whittingdale and David Davis

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

There is actually agreement that when the UK ceases to be a member of the EU, the EEA agreement will no longer operate in respect of the United Kingdom. As such, the Government’s legal position is clear: article 127 does not need to be triggered for the agreement to cease to have effect, but we are looking at it just to make sure, for clarity purposes, that we meet its requirements.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon. Friend agree that continued membership of the European single market, which some Opposition Members seem now to be advocating, would negate many of the advantages of leaving the European Union, while requiring us still to accept decisions that we could no longer influence? To that extent, it would actually be worse than continued membership as a full member.

EU Exit Negotiations

Debate between John Whittingdale and David Davis

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

The hon. Gentleman knows that I fight very shy of getting entangled in Irish politics, but I am confident that we can get a non-visible border operational between Northern Ireland and Ireland using the most up-to-date technology. That was one reason why I went to Detroit. It was not so we could replicate what is in Detroit and Buffalo, but so we could use some of the same techniques, such as authorised economic operators, pre-notification and electronic tagging of containers. All those things will make it possible for the border to be as light-touch as it is today.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon. Friend agree that a failure to pass the European Union (Withdrawal) Bill, transferring European law into British law, would plunge this country into chaos when we leave the European Union? Does he find it extraordinary that any party claiming to respect the decision of the British people should contemplate voting against it?

[Mr Davis]

My right hon. Friend is exactly right. It is one of the reasons that there is tension within the Labour party now—[Interruption.] There is very visible tension on the television screen, let alone anywhere else. My right hon. Friend is dead right that the point of the repeal Bill—now the withdrawal Bill—is to ensure that the laws we have the day before we leave the European Union are the same laws as the ones we have the day after we leave, except where there has been another piece of primary legislation to replace it, whether on immigration or whatever else. That is simply a practical matter. It should not actually be a matter of politics; it is a simple matter of national interest.

VAT on Static Caravans

Debate between John Whittingdale and David Davis

Tuesday 22nd May 2012 Commons Chamber

Mr David Davis (Haltemprice and Howden) (Con)

- Hansard - - Excerpts

It is my privilege to present a petition in the same terms as those of my hon. Friend the Member for Beverley and Holderness (Mr Stuart), who made it clear that this is being done to prevent enormous numbers of job losses around the country, with the highest concentration probably in East Yorkshire, not least in Haltemprice and Howden, on behalf of which I present this petition signed by 612 residents.

The Petition of residents of Haltemprice and Howden constituency.

[P001039]

Mr John Whittingdale (Maldon) (Con)

- Hansard -

I thank and congratulate my hon. Friend the Member for Beverley and Holderness (Mr Stuart) on the way in which he has conducted his campaign. My constituency contains a large number of static caravan parks, and I therefore endorse all his remarks. It is my honour to present a petition on behalf of my constituents in Maldon.

The Petition of residents of Maldon.

[P001038]

petitions

Debate between John Whittingdale and David Davis

Tuesday 22nd May 2012 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

It is my privilege to present a petition in the same terms as those of my hon. Friend the Member for Beverley and Holderness (Mr Stuart), who made it clear that this is being done to prevent enormous numbers of job losses around the country, with the highest concentration probably in East Yorkshire, not least in Haltemprice and Howden, on behalf of which I present this petition signed by 612 residents.

The Petition of residents of Haltemprice and Howden constituency.

[P001039]

[Mr John Whittingdale (Maldon) (Con)]

I thank and congratulate my hon. Friend the Member for Beverley and Holderness (Mr Stuart) on the way in which he has conducted his campaign. My constituency contains a large number of static caravan parks, and I therefore endorse all his remarks. It is my honour to present a petition on behalf of my constituents in Maldon.

The Petition of residents of Maldon.

[P001038]