Police Scotland planning to introduce live facial recognition amid human rights row

Police Scotland will move ahead with plans to introduce live facial recognition technology (LFRT) amid an ongoing row over its potential breach of human rights legislation. 

The decision was announced during a meeting of the Scottish Police Authority last month, hours after the UK’s equalities regulator said the technology could have a “chilling effect” on the right to privacy and freedom to assemble. 

During the meeting, which took place on 21 August, Deputy Chief Constable Jane Connors said Police Scotland had “taken a big step forward” in conversations around the technology, and that engagement with stakeholders and interested parties had been “really positive”. 

However, she added that there was “still a lot to do,” with the force still needing to look into business cases, policy, operative procedures, and budgets. 

Deputy Chief Constable Bex Smith said conversations were ongoing on how to “assure robust evaluation” of the technology, and what data the process would require.  

Smith said: “We are also working to understand what assurance we would need around bias mitigation – something which is really important. And the role for primary legislation and independent oversight which is something that we know is exceptionally important”. 

The technology was first introduced south of the border in 2017 during the Uefa Champions League final in Cardiff, and forces have been expanding its use since.  

However, campaigners have long called for an immediate stop of the system, claiming it is incompatible with human rights, and that the police have been allowed to “self-regulate” their use of the technology. 

Last month, the Equality and Human Rights Commission said the Metropolitan’s Police’s use of LFRT “falls short” of appropriate safeguards and puts democracy at risk.  

Initially the technology was to be introduced north of the border in 2020, but plans had to be paused after the Scottish Parliament’s Justice Sub-Committee on Policing said it would be a “radical departure” from Scotland’s policy of policing by consent. 

However, earlier this year Police Scotland announced it was considering renewing plans to introduce the technology. In April, it launched a ‘national conversation’ to seek views on the potential use of LFRT, focusing on three specific scenarios – nightlife, large-scale events, and high-risk missing persons. Participants were divided on the widespread use of the software, but around 60 per cent were “very/somewhat comfortable” in relation to the specific-use cases. 

Following the announcement, campaigners have urged Police Scotland “to immediately abandon” the plans to introduce the system. 

In a joint statement, 14 organisations, including Amnesty International, raised concerns over its impact on human rights and lack of parliamentary scrutiny. 

“Live facial recognition has faced criticism from rights and equalities groups across the globe due to its impact on privacy, freedom of expression and its well-documented racial and gender biases,” the statement said.  

“International research, as well as testing of the Metropolitan Police and South Wales Police’s facial recognition algorithm, has identified disproportionately higher inaccuracy rates when attempting to identify people of colour and women.” 

Scottish biometrics commissioner Brian Plastow confirmed an update on the latest deployment plans will be published on 16 September. 

He welcomed the decision to move ahead with the ​technology, citing its potential to help tackle violence against women, girls, and children 

However, he has previously been clear that it will not be a cure-all solution. Speaking to Holyrood, he said: “Any notion that facial recognition would revolutionise policing is probably a fallacy.”  

He said it would provide “lesser return on investment” than other system-wide technologies such as body-warn cameras and DESC (digital evidence sharing capability)