Facial Recognition: Police Use

Debate between Siobhain McDonagh and John Whittingdale

Wednesday 13th November 2024 Westminster Hall

[Dame Siobhain McDonagh (in the Chair)]

Before I call Sir John Whittingdale to move the motion, I would like to inform Members that the parliamentary digital communication team will be conducting secondary filming during this debate.

[Sir John Whittingdale (Maldon) (Con)]

I beg to move,

That this House has considered police use of live facial recognition technology.

It is a pleasure to serve under your chairmanship, Dame Siobhain. I am grateful for this opportunity to debate the police’s use of live facial recognition technology. I have to say that this debate is somewhat overdue.

Any fan of Hollywood movies would think that the use of facial recognition technology is widespread, as in “The Bourne Ultimatum” and “Spooks”, and that it is commonplace for MI5 and the CIA to tap into CCTV cameras across London. I do not believe that is correct— I hope it is not—but police forces are using facial recognition technology more and more. It was first used in 2017, and it is now commonly used by the Metropolitan police, South Wales police and now my own police force in Essex, which purchased two vans in August and use it regularly.

On 4 October, I accompanied police officers on a deployment in Chelmsford High Street, who were hugely helpful in explaining to me exactly how they use the technology and, importantly, what controls are in place. They told me that they had a watch list of 639 individuals who had been approved by the superintendent and were wanted for questioning in relation to offences such as violence against the person. They included people with outstanding warrants, suspects linked to county lines, suspected shoplifters in that particular part of the county, and those with a sexual harm prevention order.

In the course of the 30 minutes or so that I spent with those officers, they recorded 1,500 faces of people who passed by. The officers assured me that those images were matched against the watch list to see whether they registered a positive, and if they did not they were deleted in less than half a second. During the time I was there, there were approximately 10 positives, which led to a conversation: a police officer would go and have a polite exchange to find out why the person had registered positive, and they were checked against the Police National Computer or Athena. That morning, that led to two arrests.

The chief constable of Essex has written to me and colleagues to emphasise the effectiveness of the technology and its importance to that force. He told me that they had so far had 25 deployments across Essex, resulting in 26 arrests and 26 other positive disposals. He said:

“This cutting-edge technology has enabled us to keep the public safe, and can save time and effort of our front-line, allowing them to do other work to protect and support the community.”

--- Later in debate ---

[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.

[Dame Siobhain McDonagh (in the Chair)]

I remind Members that they should bob if they wish to be called in the debate, and it seems that everybody does.