Automatic Facial Recognition and the Intensification of Police Surveillance
| Published date | 01 July 2021 |
| Author | Bernard Keenan |
| Date | 01 July 2021 |
| DOI | http://doi.org/10.1111/1468-2230.12623 |
bs_bs_banner
Modern Law Review
DOI:10.1111/1468-2230.12623
Automatic Facial Recognition and the Intensication of
Police Surveillance
Bernard Keenan∗
In R (on the application of Bridges) vChief Constable of South Wales Police the Court of Appeal held
the deployment of live automated facial recognition technology (AFR) by the South Wales
Police Force (SWP) unlawful on three grounds. It violated the right to respect for private life
under Article 8 of the European Convention on Human Rights because it lacked a suitable
basis in law; the Data Protection Impact Assessment carried out under section 64 of the Data
Protection Act 2018 was decient for failing to assess the risks to the rights and freedoms of
individuals processed by the system;and SWP f ailed to full the Public Service Equality Duty
imposed by section 149 of the Equality Act 2010 by failing to assess whether or not the software
used in the AFR system was biased in relation to sex and race.
R (on the application of Bridges) vChief Constable of South Wales Police1is a signi-
cant case.It marks the rst time the courts have considered the legality of auto-
mated facial recognition technology (AFR) deployed in the service of policing.
It sets important parameters for its use in the future. This case commentary sets
out the facts and explains the Court of Appeal’s reasons for overturning the
initial decision of the Divisional Court.2It then discusses the implications of
the judgment for the use of AFR technology by police and advances criticism
of the Court’s approach.
FACTS
The appellant is a civil liberties campaigner living in Cardi. His case was sup-
ported by Liberty,the civil liberties organisation. The respondent is the Chief
Constable of South Wales Police (Heddlu De Cymru).The Secretary of State for
the Home Department, responsible for nationwide policing and for the devel-
opment of technology like AFR, is an Interested Party, while the Information
Commissioner and the Surveillance Camera Commissioner are intervenors.
The South Wales Police Force (SWP) is the leading police force in trials of
AFR in the UK and has been using the technology since mid-2017, beginning
∗Lecturer at the Department of Law,Birkbeck College. I would liketo thank to the MLR anonymous
reviewer for their helpful feedback.Unless otherwise stated, all URLs were last accessed 22 October
2020.
1R (on the application of Bridges) vChief Constable of South Wales Police [2020] EWCA Civ 1058.
2R (on the application of Bridges) vChief Constable of South Wales Police [2019] EWHC 2341 (Admin)
© 2021 The Author.The Modern Law Review © 2021 The Modern Law Review Limited.(2021) 84(4) MLR 886–897
To continue reading
Request your trial