Met’s use of live facial recognition ‘incompatible’ with human rights law, regulator says

The Metropolitan Police's use of live facial recognition technology (LFRT) breaches European human rights legislation, the UK’s equalities regulator has said.

As the Greater London police force prepares to deploy the system at the upcoming Notting Hill Carnival, the Equalities and Human Rights Commission (EHRC) has warned that its use “falls short” of appropriate safeguards and puts democracy at risk.

The EHRC said using the system could have a “chilling effect” on privacy and freedom to assemble.

The technology works by scanning faces recorded on CCTV and then comparing them against a watchlist of people wanted by the police. If a match is detected the system triggers an alert, so police officers can then engage with the individual.

John Kirkpatrick, chief executive of the EHRC, said: “Live facial recognition technology is a tool which, when used responsibly, can help to combat serious crime and keep people safe. But the data this technology processes is biometric data, which is deeply personal.

“The law is clear: everyone has the right to privacy, to freedom of expression and to freedom of assembly. These rights are vital for any democratic society.

“As such, there must be clear rules which guarantee that live facial recognition technology is used only where necessary, proportionate and constrained by appropriate safeguards. We believe that the Metropolitan Police’s current policy falls short of this standard. The Met, and other forces using this technology, need to ensure they deploy it in ways which are consistent with the law and with human rights.”

The EHRC has been granted permission to intervene in an upcoming judicial review investigating the Met’s use of the system and whether it complies with human rights law. Shaun Thompson, 39, backed by privacy campaign group Big Brother Watch, is taking the Met to the High Court after the technology wrongly identified him as a criminal. Thompson, a British black male, was held by the police for half-an-hour and claims he was “grossly mistreated” by officers.

https://www.holyrood.com/news/view,facial-recognition-technology-currently-not-fit-for-use-by-police-scotland-msps-conclude_15090.htm

The EHRC’s statement comes a day after Sir Mark Rowley, the Met police commissioner, rejected calls from civil liberty and anti-racism groups to drop the use of LFRT at the Notting Hill carnival. 

“Our aim is to ensure that carnival remains a safe and inclusive celebration for all. It is our operational judgement that LFR has an important role in delivering on this aim,” Rowley said in a letter.

The Met has said LFRT has helped officers make more than 1,000 arrests since January 2024 and told the BBC it is “confident that our use of live facial recognition is lawful and follows the policy.”

However, data shows the number of black men triggering an ‘alert’ is higher than would be expected proportionally, when compared to the population of London, the EHRC said.

The regulator recognised the potential value of the technology to policing, but insisted its current use does not comply with human rights law.

It said it was “incompatible” with the right to privacy, freedom of expression, and freedom of assembly,  as set out in the European Convention on Human Rights.

Currently, there is no specific domestic legislation regulating police use of the technology.

LFRT is not in use north of the border. Police Scotland paused its deployment plans in 2020 following concerns it would be a “radical departure” from Scotland’s policy of policing by consent.

While Holyrood understands talks are underway for deployment plans to renew, details are still unknown on how and when the system could be introduced.