Police forces in England and Wales could face legal action over their use of live facial recognition technology, the Biometrics and Surveillance Camera Commissioner has warned. Professor William Webster said the system is not “fool proof” and misidentified members of the public could sue for breaches of fundamental rights.
The Metropolitan Police is set to deploy the technology for the first time at a protest, specifically the Unite the Kingdom rally led by Tommy Robinson on Saturday. Cameras will be placed away from the march route but in an area expected to be used by many attendees. The move follows violent clashes at a previous event in September, which left over 50 suspects unidentified.
Professor Webster told the Press Association that every mistake made by the technology could land a police force in court. “There’s no escaping that the technologies are not fool proof. They will make mistakes, and the risk is that every time a mistake is made, a police force will find themselves in a court of law,” he said.
He added that those wrongly identified could bring cases alleging infringements of privacy, freedom of movement, and freedom of association. The legal basis for the technology is currently piecemeal, relying on common law, data protection, and human rights laws. The Police Reform Bill aims to provide a new legal framework, but concerns remain that legislation lags behind technological advances.
Professor Webster warned that facial recognition is just one of several emerging technologies, including gait and iris recognition, that require a clear legislative framework. Home Secretary Shabana Mahmood has defended the rollout, arguing that “no true liberty” exists if people fear crime. Plans include increasing camera vans from 10 to 50, making them available to all forces in England and Wales.
