Concerns Raised Over Police Scotland’s Consideration of Live Facial Recognition Technology

Police Scotland is facing criticism over its consideration of implementing live facial recognition (LFR) technology.

Chief Constable Jo Farrell recently expressed a desire to “open up conversations” about using artificial intelligence-powered biometric tools, emphasizing the need to explore how they can be employed appropriately and without bias. However, this proposal has met with opposition from the Scottish Liberal Democrats and privacy experts, who warn that LFR could significantly alter the relationship between the police and the public.

Liam McArthur, the Scottish Liberal Democrats’ justice spokesperson, has submitted numerous parliamentary questions to the Scottish Government seeking clarification on how the adoption of LFR aligns with concerns about equalities and civil liberties, as well as how it complies with existing legal frameworks.

“I am concerned that decisions that dramatically reframe the relationship between the police and the public are being treated as an inevitable consequence of the march of technology,” McArthur said. “There needs to be a compelling need, an appropriate legal basis and a proper public debate before the police can consider moving forward with measures like this. That simply has not happened.”

Experts have also raised concerns about the technology’s accuracy and potential for misuse. Professor Angela Daly from the University of Dundee described LFR as “not fit for purpose,” citing issues with misidentification, particularly among ethnic minorities and women.

The Scottish Government responded by stating that the lawful and proportionate use of any facial recognition technology is an operational matter for Police Scotland, which must adhere to the Scottish Biometrics Commissioner’s statutory code of practice. Despite this, critics argue that more transparency and public engagement are necessary before moving forward with such technologies.

Scotland does have a history of attempting to regulate police use of biometric technologies, including facial recognition. Through his office, Scottish Biometrics Commissioner Brian Plastow submitted a12-point code back in 2022 that outlines rules for the acquisition, storage, use, and destruction of biometric data, including DNA, fingerprints, and facial recognition.

However, it leaves enforcement to the discretion of law enforcement agencies, with no concrete oversight powers granted to the biometrics commissioner. That proposed regulation came after years of efforts, beginning with a 2008 report highlighting the lack of independent oversight.

Source: Scottish Legal News, The Scotsman

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October 7, 2024 – by Tony Bitzionis