Scotland Yard\u2019s plan to widen the use of live facial recognition technology is unlawful because it is incompatible with European laws, the equalities regulator has claimed.<\/p>\n
As the UK\u2019s biggest force prepares to use instant face-matching cameras at this weekend\u2019s Notting Hill carnival, the Equality and Human Rights Commission (EHRC) said its use was intrusive and could have a \u201cchilling effect\u201d on individuals\u2019 rights.<\/p>\n
The development will be a blow to Mark Rowley, the Metropolitan police<\/a> commissioner, who has backed the use of the technology at mass events such as this weekend\u2019s carnival, when 2 million people are expected to descend upon west London.<\/p>\n The EHRC has been given permission to intervene in a judicial review launched last month by the anti-knife campaigner Shaun Thompson. Thompson, a Black British man, was wrongly identified by live facial recognition (LFR) as a criminal, held by police, then faced demands from officers for his fingerprints.<\/p>\n Data seen by the EHRC shows that the number of black men triggering an \u201calert\u201d while using the technology is higher than would be expected proportionally, when compared with the population of London<\/a>, it said.<\/p>\n A letter last week from 11 anti-racist and civil liberty organisations, disclosed in the Guardian<\/a>, urged the Met to scrap the use of the technology over concerns of racial bias and the impending legal challenge.<\/p>\n LFR technology captures and analyses the faces of individuals passing in front of real-time CCTV cameras. It extracts unique biometric data from each face and compares it against a \u201cwatchlist\u201d of thousands of people sought by the police.<\/p>\n There is at present no specific domestic legislation regulating police use of LFR, with police using common law powers instead. The Met insists that the Equality Act 2010<\/a> places legal obligations upon them to eliminate discrimination.<\/p>\n The EHRC said that the claim brought forward by Thompson \u201craises issues of significant public importance\u201d and will provide submissions \u201con the intrusive nature of LFR technology\u201d which focus on the way in which the technology has been used by the police.<\/p>\n The Met\u2019s policy on LFR technology is unlawful because it is incompatible with articles 8 (right to privacy), 10 (freedom of expression), and 11 (freedom of assembly and association) of the European convention on human rights, the watchdog says.<\/p>\n Rebecca Vincent, the interim director of Big Brother Watch, said the EHRC\u2019s intervention was \u201chugely welcome\u201d.<\/p>\n She added: \u201cThe rapid proliferation of invasive live facial recognition technology without any legislation governing its use is one of the most pressing human rights concerns in the UK today.<\/p>\n \u201cLive facial recognition surveillance turns our faces into barcodes and makes us a nation of suspects who, as we\u2019ve seen in Shaun\u2019s case, can be falsely accused, grossly mistreated and forced to prove our innocence to authorities.\u201d<\/p>\n John Kirkpatrick, the chief executive of the EHRC, said: \u201cThere must be clear rules which guarantee that live facial recognition technology is used only where necessary, proportionate and constrained by appropriate safeguards. We believe that the Metropolitan police\u2019s current policy falls short of this standard.\u201d<\/p>\n The Met said last month<\/a> it would deploy specially mounted cameras at entries and exits of the two-day event in west London.<\/p>\n skip past newsletter promotion<\/a><\/p>\n Get the day\u2019s headlines and highlights emailed direct to you every morning<\/p>\n Privacy Notice: <\/strong>Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy<\/a>. We use Google reCaptcha to protect our website and the Google Privacy Policy<\/a> and Terms of Service<\/a> apply.<\/p>\n after newsletter promotion<\/p>\n Rowley wrote on Tuesday that the technology would target the \u201csmall minority\u201d who commit serious crimes including violence and sexual offences.<\/p>\n A spokesperson for Sadiq Khan, the mayor of London, said: \u201cThe mayor is committed to working closely with partners to help deliver a safe and welcoming Notting Hill carnival<\/a> for all.<\/p>\n \u201cAll live facial recognition deployments are an operational decision for the Met.<\/p>\n \u201cThe mayor is committed to ensuring the Met is open and transparent around where, when, why and how live facial recognition technology is used. Sadiq and his Office for Policing and Crime will scrutinise and oversee its use to ensure there\u2019s trust and confidence in policing as we continue to build a safer London for everyone.\u201d<\/p>\n