A decision to use controversial live facial recognition (LFR) technology in Scottish policing could take up to two years of further scrutiny, the vice chair of the Scottish Police Authority has warned.
A comprehensive business case to support a final decision on whether or not to adopt LFR will only be submitted following an extensive period of further consultation with key stakeholders and the public.
Ethical, legal and human rights considerations, as well as safeguards to ensure any future use of the technology is ‘justifiable, proportionate, and explainable’ will also need to be fully outlined before any frontline deployment is authorised.
That is the view of Alasdair Hay, vice chair and chair of the SPA’s policing performance committee, who has written a blog post on the next steps on an already extensive engagement undertaken by Police Scotland and its oversight body.
According to Hay, the national force will have to produce its own Code of Practice specific to LFR and also demonstrate compliance with the Scottish Biometrics Commissioner’s Code of Practice.
The LFR Code of Practice would contain, but not be limited to:
- use cases for the deployment,
- how the ‘watch list’ is compiled, weeded and retained,
- how the public will be informed,
- thresholds for deployment, and
- who may authorise use and deployment of LFR
Hay says: “Alongside these safeguards and controls, the Authority expects Police Scotland to develop a full suite of impact assessments. Both these impact assessments and the Code of Practice would be subject to consultation with a wide range of stakeholders and the public.
“All these elements will make up a comprehensive business case to support a final decision on whether or not to adopt LFR. This business case will need to outline all necessary ethical, legal and human rights considerations and safeguards to ensure any future use of the technology is justifiable, proportionate, and explainable.”
And on timescales for adoption, he adds: “It is difficult to estimate. It is my view that the steps I have discussed above will take a considerable amount of time. My best estimate at this stage, is that this could take anywhere between 18-24 months for the Business Case to be presented to the Authority and a decision made.”
Police Scotland developed its Rights Based Pathway in June 2023 following recommendations from the Independent Advisory Group on Emerging Technologies in Policing, which the Authority contributed to.
That pathway will be key to the development of the business case for LFR use, but will be augmented by the code of practice, with ‘prioritised consideration given to human rights and policing values in the decision-making process.’
In October, the Scottish Biometrics Commissioner announced his support for primary legislation governing the use of the technology.
Dr Brian Plastow said an act of parliament regulating the use of the AI-powered technology would be the ‘best safeguard’ – in line with a motion passed at the SNP annual party conference, which called for a delay on its deployment in Scotland.
Campaigners said legislation should be compatible with the Human Rights Act and the European Convention on Human Rights, as well as the European Union Artificial Intelligence Act’s restrictions on use of Live Facial Recognition technology.
