Statement on the High Court judgment on the use of Automatic Facial Recognition technology by South Wales police
Published 11 September 2019
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I will consider the recent judgment regarding the use of Automatic Facial Recognition (AFR) by South Wales police very carefully.
I was reassured to note the court’s recognition of the Surveillance Camera code of practice (SC Code) and section 33 of the Protection of Freedoms Act 2012 as key elements of the legal framework for the use of AFR. I was further reassured by the acknowledgement that the guidance which I have produced to assist Chief Officers in working within the principles of the SC Code is also a key element of the framework. I will revisit this guidance in light of the court’s observations.
I would urge a degree of caution on the part of the police to regard the judgment as being a green light for the generic deployment of AFR. It is an intrusive tool with human rights and public confidence implications which have to be considered. There is however a heightened sense of confidence that in appropriate circumstances such use will be lawful but must be demonstrably conducted within the legal framework and demonstrate good governance and legitimacy of endeavour.
I will continue to work with the police and others to ensure that the guidance for the public, and indeed the police, is both up to date and relevant.