The police’s use of Live Facial Recognition (LFR) technology lacks a clear legal basis, according to a recent letter from Baroness Hamwee, chair of the Justice and Home Affairs Committee. The committee called for a legislative framework for LFR deployment, concerned about the expansion of its use without proper scrutiny and accountability. Ms. Hamwee sent this letter to Home Secretary James Cleverly on Jan. 26 after concerns were raised regarding the potential for police forces to link LFR cameras to trawl large populations without regulation.
The Committee noted that the Metropolitan police and South Wales Police (SWP) had access to LFR technology, but SWP loaned the equipment to Northamptonshire Police during an event. During an oral evidence session, peers were told that a force would create a watchlist with various categories such as suspected terrorists, murderers, or missing persons. However, concerns were also raised about the deployment against supposed shoplifters, even though the technology was stated to be used for serious crimes only.
Baroness Hamwee expressed concerns to the Home Secretary about the lack of standard definition of “serious crime” for all forces and requested specific compulsory statutory criteria and standardized training for watchlists. The Committee disputed the claims that there is a sound legal basis for the use of LFR, despite the Home Office’s insistence.
Privacy campaigners and politicians have previously called for police to stop using the facial scanning technology, citing concerns over human rights and the potential for discrimination. However, the Home Office argues that the technology helps the police to catch a large number of serious criminals and frees up officers to spend more time working on complex investigations.
The National Police Chiefs’ Council (NPCC) said it welcomed the committee’s scrutiny and would consider its recommendations, but maintained that LFR is always used “proportionately and transparently.” Ms. Chiswick, the NPCC’s lead for facial recognition, said that the High Court and the Court of Appeal have previously recognized the existing legal basis for the police to use LFR technology.