Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 15 June 2021 to Question 11166 on Police: Biometrics, whether the police (a) are required to (i) obtain consent from and (ii) inform the public where facial recognition technology is used in a public place and (b) have powers to fine people who deliberately avoid detection by facial recognition software.

When using technologies like live facial recognition (LFR) it is important that the police maintain public trust in line with the principle of policing by consent. Opinion polling shows strong public support for its use, particularly for serious and violent crimes.

The College of Policing has consulted on guidance, which covers the importance of providing the public with information about when LFR is used. This guidance, and local force policies, will also explain the basis on which police forces process personal data – typically in line with Section 35(5) of the Data Protection Act 2018.

In normal circumstances (other than when a section 60AA Criminal Justice and Public Order Act 1994 order is in place) the police do not have a legal power to issue fines simply where a person chooses not to walk past a LFR system.