Scottish biometrics commissioner calls for LFR law before police deployment

The Scottish Biometrics Commissioner has written to Scotland’s Minister of Justice, Neil Gray, urging the government to introduce primary legislation for law enforcement use of live facial recognition (LFR).

“It is inconceivable that Police Scotland will not want equitability of access to such technology in future,” Commissioner Brian Plastow writes in a letter published last week.

The recommendation highlights a growing divergence in how UK jurisdictions are approaching facial recognition. While police forces in England and Wales have rapidly expanded deployments under existing legal powers, Scottish officials are considering whether a dedicated legislative framework should be established before the technology is introduced.

The letter comes as the recent King’s Speech set out the UK government’s intention to establish a legal framework for the use of facial recognition in England and Wales. The countries have taken a different approach to Scotland’s, introducing the technology in a “legal vacuum,” and are now attempting to catch up.

Therefore, the Minister should consider bringing forward primary legislation in Scotland to create a statutory basis for the limited and proportionate use of the technology, he adds.​

Plastow argues that skipping primary legislation in favor of amending existing laws, such as the 2022 Commissioner’s Statutory Code of Practice, would carry “less democratic legitimacy and accountability.” Despite this, he previously noted that “there is currently no country in the world which has passed comprehensive and specific primary legislation dedicated exclusively to governing the police use of Live Facial Recognition (LFR) in public spaces.”

The Commissioner has previously backed a resolution issued by the Scottish National Party (SNP) stating that LFR should be banned unless primary legislation is approved by the Parliament.

As the use of LFR accelerates at scale in England and Wales, thanks to a boost to government funding, Scotland remains without the technology that could help tackle serious and organized crime, terrorism and violence against women and girls, the letter notes.

At the beginning of the year, the Home Office announced its largest ever facial recognition rollout, including 40 new LFR vans, which will be made available to English and Welsh police forces. The investments are part of a broader effort to modernize policing in the UK.

The Scottish Police Force is yet to issue a decision regarding the implementation of LFR. A detailed business case is not expected until 2027, after which consultations would ensue.

Considerations around the potential use of the technology are ongoing, a government spokesperson told news outlet Holyrood.

“The lawful, effective and proportionate use of any technology with facial recognition capability is an operational matter for Police Scotland, who must abide by data protection laws, the European Convention on Human Rights and the Scottish Biometrics Commissioner’s statutory code of practice,” says the spokesperson.

Police Scotland is not expected to complete its business case for LFR until 2027. If ministers accept the commissioner’s recommendation, Scotland could become one of the first jurisdictions to establish a dedicated legislative framework before deploying the technology rather than regulating it after adoption.

Article Topics

biometrics  |  law enforcement  |  legislation  |  live facial recognition  |  Police Scotland  |  Scotland  |  Scottish Biometrics Commissioner