Police Scotland is to press ahead with ‘live facial recognition’ (LFR) technology despite concerns over potential human rights and privacy concerns, it has emerged.
Senior officers described the controversial technology as a “really exciting digital and data opportunity” at a scrutiny meeting of the Scottish Police Authority.
The force has engaged in a ‘national conversation’ on the technology this year – involving various stakeholder groups and the public – and has decided to press ahead with adoption of the technology, albeit with assurances in place.
It follows advice from Dr Brian Plastow, the Scottish Biometrics Commissioner, that the technology could be used operationally by police in circumstances where its use is lawful, effective and ethical.
Deputy chief constable Jane Connors told the SPA meeting at the Clayton Hotel in Glasgow on August 21: “To echo what the chief constable said in June, we are passionate about meeting the positive duty that is on us to use new technology for law enforcement. But we need to keep people safe from harm, we need to protect the vulnerable, we do need to bring criminals for justice.
“We totally understand that people need assurances and reassurances about how we would use live facial recognition, and that links to the point with the recent cases that have been in the papers about about the oversight that’s required in [terms of] what circumstances it would be used, and what the checks and balances that would be on that. We have taken a big step forward in the conversations that have been had, and I think the engagement from from all different areas of the community, stakeholders and different bodies, has been really, really positive, but we do have a lot more steps to take.”
She added: “We need to engage more with stakeholders and the public. We also need to look at business cases, policy, operating procedures and financial elements. There is still a lot to do, but we will move ahead with the detailed work around live facial recognition, coming back to the ‘rights based pathway’ and making sure that we take time to understand the governance, the proportionality and the high levels of scrutiny that will be required, and that constant engagement.”
Deputy chief constable Bex Smith, who holds the portfolio for digital and AI at the force, added that the results of the national conversation had supported the use of live facial recognition technology, in relation to three use cases. The first was in the ‘nighttime economy’, where the risk of sexual offending or violence was deemed to be high; the second was for vulnerable or missing people, where the technology could be deployed in busy places like transport hubs, and the third was for indoor events, which could be potential targets for terrorism or where those subject to restrictions, such as registered sex offenders, may be prevented from attending.
However, the force stressed in May that the public survey was not representative, and that a formal public consultation – with recognised polling methodologies – would need to be carried out before any operational decision to use the technology.
DCC Smith said: “I think it’s important to note that the results from the national conversation survey show that in relation to the three specific use cases we put forward, most respondents were very or somewhat comfortable with Police Scotland using live facial recognition, which is really positive for us.
“We are currently working through the conference with stakeholders, and further work continues to understand how would we assure a robust evaluation of this particular technology. And I think that’s really, really important. What data would be required to provide our evaluation and assurance, what further engagement should be undertaken.”
Such work would include defining what kind of reporting regime LFR would fall under, how to ensure the minimisation of the risks of bias within the algorithmically-trained technology, which has been highlighted by human rights advocacy groups, as well as what legal frameworks and independent oversight would be put in place to govern the use of the technology.
“We are extremely supportive,” DCC Smith said, however. “And within my team and transformation, we’re working through what that would look like in terms of timelines and particular technology, alongside the operational leads in terms of what the requirements would be and what steps we would take to understand what technology we would we would look at.
“Also, I suppose, really important to note that this is just one element of for me, what’s a really exciting digital and data opportunity that we’ve got moving forward, and [we’re] absolutely fully supportive of this, but viewed within the round of exciting digital and data opportunities over the next two to three years.”
A further update is expected at the SPA meeting on 16 September, but Dr Plastow – the Scottish Biometrics Commissioner – welcomed the development. He said that he had previously advocated for LFR to be considered as a ‘strategic policing response to enhance public safety in Scotland, including to protect women, girls, and children from the scourge of male violence’.
