Facial Recognition: Police Use

Siân Berry Excerpts

Wednesday 13th November 2024 Westminster Hall

[Siân Berry (Brighton Pavilion) (Green)]

I thank every Member here for coming to this debate and I thank the right hon. Member for Maldon (Sir John Whittingdale) for securing it in the first place.

I have worked on this issue for many years. In my previous job, I attended and observed the first deployments of live facial recognition by the Metropolitan police, which is many years ago now. Since then, the gap between its increasing use and the lack of a legislative basis has grown wider and wider. In that time, many thousands of people have had their personal data captured and used by the police when there was absolutely no reason for that. Many people have been misidentified, but the accuracy issue is not my main concern.

The unlegislated use of the technology is incredibly worrying. In my previous job on the London Assembly, I asked the Met and the Mayor of London many questions about that. I asked for watchlist transparency, but I did not get it. I heard the initial promises—“Oh, it will be very transparently used, we will communicate it, and no one will have to walk past it without knowing.” All those reassurances just faded away, because there is no real scrutiny or legislation. We need to debate the subject from first principles. As other Members have pointed out, we have had proper debates about identity cards and fingerprint and DNA data, but not about this extremely intrusive technology. It is more concerning than other technologies because it can be used on us without our knowledge. It really does engage our human rights in profound ways.

For all those reasons, the use of facial recognition by the police has been challenged by the Information Commissioner, the Surveillance Camera Commissioner, the Biometrics Commissioner, London Assembly members, of whom I was one, Senedd Members and Members of Parliament here. The only detailed scrutiny of the technology has resulted in calls for a halt to its use; I am thinking of the Science, Innovation and Technology Committee. The Justice and Home Affairs Committee has also called for primary legislation. That is the absolutely key question. The EU has had the debate and looked at the issue in detail, with the result that over there what is used so much by the UK police is restricted to only the most serious cases of genuine public safety. That absolutely needs to happen here.

The legislation needs to look not just at police use of the technology, but private use. I have seen its use by private companies in the privately owned public space in King’s Cross. Data from there has been shared with the police; the police initially denied knowing anything about it and then later apologised for that denial. If private companies are collecting data and sharing it with the police, that needs to be scrutinised. If private companies are using the technology, that needs to be legislated for as well.

[Dawn Butler]

The hon. Lady is making an incredibly powerful speech. Is she aware of the Big Brother Watch campaign to try to stop large shops from capturing people’s faces and saying that they are shoplifters? They then get stopped in other places, but they are not aware of that process.

[Siân Berry]

Yes, I am aware of Big Brother Watch’s excellent campaigning on this issue. It has identified a serious breach of human rights. There is the potential for a serious injustice if people are denied access to their local shops based on a suspicion that has put them on a watchlist that may or may not be accurate. There is no oversight. We need to debate these things and legislate for them.

I tabled a written question to the Minister about putting regulation and legislation behind the police use of live facial recognition. The answer stated that the technology is governed by data protection and equality and human rights legislation, and supplemented by specific police guidance. I do not believe that police guidance is sufficient, given the enormous risks to human rights. We need a debate on primary legislation. I hope that the Minister will announce that that process will start soon and that this unlawful grey area will not be invading our privacy for much longer. This issue is urgent.

Oral Answers to Questions

Siân Berry Excerpts

Monday 21st October 2024 Commons Chamber

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

11. What steps her Department is taking to increase public trust and confidence in policing.

[Siân Berry (Brighton Pavilion) (Green)]

14. What steps she is taking to monitor and maintain standards of police conduct.

[The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)]

Restoring confidence in policing is one of the core aims of the Government’s safer streets mission. That means ensuring robust responses to the crimes that devastate lives and corrode our communities. We are also committed to improving police standards, and will announce steps to strengthen the police misconduct and vetting system shortly.

--- Later in debate ---

[Jess Phillips]

As the Home Secretary laid out, extra neighbourhood policing is important not just because we need more police on our streets, but because when our constituents—shop workers and those who own businesses—call the police, if they get no response confidence drops. The neighbourhood police that there will be across the country, including in Cornwall, will help with confidence, not just with crime.

[Siân Berry]

I thank the Minister for her answers. We have seen a toxic culture in some police services, including WhatsApp messages that are racist, homophobic and sexist, displaying deep prejudice. Will she clarify when the multiple recommendations from the Home Office review into the process of police officer dismissals will be actioned, including changing the law so that those who fail re-vetting can be more simply dismissed?

[Jess Phillips]

I could not agree more that we need to strengthen this area, with women especially feeling less confidence over the last few years. We will announce in due course—I promise the hon. Lady that we are working on this at pace—how we are going to ensure that police conduct and vetting systems are fit for purpose, to bring back some of the trust that has been lost.

Violent Disorder

Siân Berry Excerpts

Monday 2nd September 2024 Commons Chamber

[Yvette Cooper]

Clearly, we want to see increasing living standards right across the board. That is immensely important. We also need a serious and sensible debate on a range of policies, including on crime, immigration and other issues that the Home Office is responsible for. We have to take much stronger action to counter the kinds of online radicalisation that we have seen, whether we are talking about far-right extremism or Islamist extremism. That is why we are setting up a new review on countering extremism. We also have to ensure that those committing disorder and violent crimes take responsibility, because there is no excuse. No policy issue or living standards can ever excuse the kind of violence, racist attacks and disorder that we saw.

[Siân Berry (Brighton Pavilion) (Green)]

The ugly, racist mob violence in our towns and cities this summer was incited and organised by far-right groups, often using electronic platforms including Telegram and X. For example, on Telegram, groups have distributed instructions for making petrol bombs. Locations of hotels housing migrants and offices of immigration lawyers were also shared. Elon Musk, the proprietor of X, has greatly amplified some accounts that promote racist violence in our cities, while failing to take action to remove others. In the Home Secretary’s response, will she look at options for prosecuting those who own platforms that may have enabled or committed crimes under section 2 of the Terrorism Act 2006?

[Yvette Cooper]

The hon. Member will be aware that full implementation of the Online Safety Act 2023 has been long delayed and is still needed. One of the provisions of the Act is a requirement on social media companies to remove illegal content. Many of the examples that she raises are of illegal content that is still available online, which is shocking and irresponsible. That is why we need the speedy implementation of the Act, starting with the requirement to remove criminal content. Social media companies should also take much broader responsibility for ignoring their own terms and conditions, their responsibility towards communities and public safety. They need to take that more seriously.