UK watchdog warns of legal risks as London police deploy LFR at protest

London’s Metropolitan Police will deploy live facial recognition (LFR) technology at a protest for the first time this weekend, prompting warnings from the UK’s biometrics and surveillance watchdog that police could face legal action over misidentifications and infringements on fundamental rights.

On Wednesday, the Metropolitan Police announced that it would deploy LFR technology at the Unite the Kingdom march on Saturday, organized by far-right, anti-Islam activist Tommy Robinson. The facial recognition cameras will be deployed in London’s borough of Camden in an area likely to be used by those attending the event, according to James Harman, a Met deputy assistant commissioner.

The police force justified the deployment, saying they received intelligence indicating a likely “threat to public safety” from some of the attendees. Eleven “far-right agitators” have been banned from entering the UK, according to the government, including U.S anti-Islam influencer Valentina Gomez, the BBC reports.

Last year’s Unite the Kingdom protests resulted in violent clashes, with police noting that more than 50 outstanding and unidentified suspects have remained after the event. The Met Police is also facing another large protest in London on the same day, the annual pro-Palestine “Nakba Day” march, as well as an FA Cup Final at Wembley, which is expected to bring  thousands of fans across London.  The police force is planning to deploy 4,000 officers to these events.

Biometrics and Surveillance Camera Commissioner William Webster, however, warns that deploying live facial recognition could bring legal issues for the police. Misidentified citizens could bring cases against the police for infringing on fundamental rights such as privacy, freedom of movement and freedom of association.

“There’s no escaping that the technologies are not foolproof,” Webster told the Press Association. “They will make mistakes, and the risk is that every time a mistake is made, a police force will find themselves in a court of law.”

The Commissioner also called for establishing a legal framework to ensure clarity for law enforcement use of facial recognition. The UK currently relies on a patchwork of laws, including data protection regulation, human rights, and the common law.

“A legal framework will set out in very clear words what different rights are involved here, where the clash is, and how police forces can mitigate protecting all those rights,” says Webster. “It will make it very clear to police forces how they can use these technologies and it will provide the public with the confidence that the police forces are using these technologies appropriately.”

Work on a new legal framework has already begun: In December last year, the UK Home Office launched a 10-week public consultation on the use of facial recognition in law enforcement.

Facial recognition regulation has also received support from King Charles, who outlined the government’s law-making plans in the King’s Speech on Wednesday. The speech called for the creation of a “single, expert regulatory body to provide independent advice and oversight.”

​Regulators seem to agree. Commissioner Webster has previously argued that any legal framework for law enforcement use of biometrics and facial recognition should include clear lines and expanded oversight powers.

Former Biometrics and Surveillance Camera Commissioner Fraser Sampson says the current legal environment prioritizes flexibility to the point of undermining certainty. The commissioner pledged to support a UK Biometric Surveillance Act in a Biometric Update column.

Biometrics Commissioner for Scotland Brian Plastow has also noted that facial recognition is “nowhere near as effective as the police claim it is.”

Article Topics

biometric matching  |  biometrics  |  Biometrics and Surveillance Camera Commissioner  |  false arrest  |  law enforcement  |  live facial recognition  |  London Metropolitan Police