UK chooses stop-gap biometrics oversight, leaves surveillance camera role empty

The UK now has a stop-gap Biometrics Commissioner, having appointed Francesca Whitelaw KC to role on an interim basis.

The Surveillance Camera Commissioner role, which was vacated along with that of the biometrics commissioner last August when previous Interim Commissioner Tony Eastaugh left the role to become CEO of the Police Digital Service, remains vacant. The government says it is in the process of recruiting a new, permanent Biometrics and Surveillance Camera Commissioner.

The annual Commissioner’s report written by Eastaugh last year pointed out multiple areas for improved oversight.

At the time Eastaugh wrote that he had “confidence that future structures of the office are being considered thoughtfully and with foresight,” leaving implied the lack of thoughtfulness and foresight that him to spend much of his time before the positions became vacant preparing for a transfer of duties that was shelved when the DPDI Bill failed. The Surveillance Camera Code of Practice remains in limbo.

Whitelaw has served as King’s Council since 2023, and is a specialist in public law, police, government, information law and human rights, according to the announcement. Her expertise also includes biometrics and national security, the government says.

She is expected to hold the position until a new Commissioner is appointed, which will take up to 6 months.

“My focus will be to consider police applications to retain, exceptionally, DNA and fingerprints under s63G of the Police and Criminal Evidence Act, and under National Security Determinations, balancing the public interest considerations with the rights of individuals,” Whitelaw said in a statement.

Former Biometrics and Surveillance Camera Commissioner Fraser Sampson suggested in an email to Biometric Update that the appointment may be in part motivated by a need to deal with a backlog of casework that has accumulated since Eastaugh stood down.

“The commissioner’s casework is critical and covers a range of biometric outcomes from preventing violence against women and girls to protecting national security — both of which are government priorities — and also public space surveillance and ANPR,” Sampson says.

“While interim measures are a good stop gap, we really need a coherent and comprehensive plan for oversight of such critical functions.”

Article Topics

biometric data  |  biometrics  |  Biometrics and Surveillance Camera Commissioner  |  police  |  UK