Facial Recognition: Police Use

Debate between John Whittingdale and Dawn Butler

Wednesday 13th November 2024 Westminster Hall

[Sir John Whittingdale]

As I understand it, the number of false positives recorded depends to some extent on the threshold at which the technology is set.

[Dawn Butler (Brent East) (Lab)]

The report by the national physical laboratory said that it had to be set at 0.6 for it to have fewer misidentifications, but there is no such thing as no misidentifications or people not being wrongly identified. It is also easy for a police service to lower that number. Because we have no judicial oversight, it is very problematic.

[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.”

Data Protection and Digital Information Bill

Debate between John Whittingdale and Dawn Butler

Report stage
Wednesday 29th November 2023 Commons Chamber

[Sir John Whittingdale]

I can guarantee that there is nothing in the Government’s proposals that we believe puts data adequacy at risk. That is not just our view; it is the view of all those we have consulted, including the Information Commissioner. He was previously the information commissioner in New Zealand, which has its own data protection laws but is, nevertheless, recognised as adequate by the EU. He is very familiar with the process required to achieve and keep data adequacy, and it is his view, as well as ours, that the Bill achieves that objective.

We believe the Government amendments will strengthen the fundamental elements of the Bill and reflect the Government’s commitment to unleashing the power of data across our economy and society. I have already thanked all the external stakeholders who have worked with us to ensure that the Bill functions at its best. Taken together, we believe these amendments will benefit the economy by £10.6 billion over the next 10 years. That is more than double the estimated impact of the Bill when it was introduced in the spring.

[Dawn Butler (Brent Central) (Lab)]

Will the Minister confirm that no services will rely on digital identity checks?

[Sir John Whittingdale]

I will come on to that, because we have tabled a few amendments on digital verification and the accreditation of digital identity.

We are proposing a voluntary framework. We believe that using digital identity has many advantages, and those will become greater as the technology improves, but there is no compulsory or mandatory element to the use of digital identity. I understand why the hon. Lady raises that point, and I am happy to give her that assurance.

BBC White Paper

Debate between John Whittingdale and Dawn Butler

Wednesday 8th June 2016 Commons Chamber

[Mr Whittingdale]

We have set out a path that will, we hope, lead to the whole of the BBC’s schedule being opened up for commissioning. We would expect the BBC to meet the targets in doing that. We will continue to talk to the BBC about that and if it looked as though they were failing to meet those targets we might raise that with them before, but that is already set out in the charter. No changes would be required, because we have already made it clear that we expect the BBC gradually to open up the whole of the schedule until it reaches 100%.

[Dawn Butler]

On the subject of independent producers, after the last debate we had on the BBC I thank the Minister for Culture and the Digital Economy for helping to secure the recordings of “The Real McCoy”. I hope to have a special screening in Parliament with a Q&A with some of the original cast in the not too distant future, and I hope that both the Minister and the Secretary of State will come along.

[Mr Whittingdale]

I am delighted to have given way to the hon. Lady to allow her the opportunity to praise my excellent Minister, who is sitting beside me.

I want to come back to the point about the National Audit Office and its ability to carry out value-for-money studies across the BBC. It is correct that the activities of BBC Worldwide are not funded with public money—they are commercially funded—but the success of BBC Worldwide has a definite impact on the finances of the BBC since it generates income for the BBC, and it is important that we extract maximum value to minimise the burden on the licence fee payer. As I mentioned when we debated this issue in the Select Committee yesterday, BBC Worldwide has not always had a brilliant record of looking after the money it spends. The Select Committee, when I was the Chair in the last Parliament, was highly critical of the Lonely Planet saga, which resulted in a massive loss to BBC Worldwide. However, I can reassure the hon. Member for Garston and Halewood and the BBC that the National Audit Office is very aware of the concerns that have been expressed and is confident that it can provide reassurance that it will have no impact either on creative decision making in the BBC or on commercial negotiations with other companies.

The NAO already audits a number of public bodies that have commercial relationships with other companies and is well familiar with the need to maintain commercial confidentiality when necessary. I know that the Comptroller and Auditor General will continue to talk to the BBC, but I very much hope that we can find a way whereby the BBC’s concerns are satisfied. The hon. Member for Garston and Halewood also talked about the BBC’s financial independence and, as I said, I believe that we have strengthened that rather than diminished it. We have agreed that the licence fee should be subject to regular review every five years, and that for the first five-year period it should rise each year in line with inflation, having been frozen for a long time. We have also agreed to close the iPlayer loophole and to phase out the broadband top-slice. That means that the BBC can now plan with certainty on the basis of licence fee income, along with its own commercial earnings, and it will have total flexibility in how it spends its money, with the single exception of the ring fence for the BBC World Service and the top-up grant that the Government are giving to fund its expansion.