Report Summary
The Chair of the Scottish Police Authority launched a national conversation on the potential use of Live Facial Recognition (LFR) in Scotland in June 2024. This paper aims to provide a summary of the available information on the use of LFR in a policing context.
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Human Rights and Ethical Considerations - Human rights and the use of LFR
Police use of LFR has raised concerns and debate in relation to privacy, civil liberties and ethics. The privacy organisation Big Brother Watch has an active campaign against the use of LFR in the UK, and has previously highlighted concerns regarding the lack of legal framework governing its use, arguing that police have no clear lawful basis to use LFR. Liberty, the civil rights group, has also campaigned against the police use of LFR, and provided the legal support to the aforementioned Bridges v South Wales Police court case.
Some have highlighted their concerns about the potential “chilling effect” of LFR and its potentially negative impact on democracy and freedom of expression. This could be through individuals choosing to avoid public assemblies and the use of public spaces by some communities.
The Justice Sub-Committee of the Scottish Parliament published a briefing in February 2020 discussing the use of LFR by in a Scottish policing context. This briefing stated its belief that:
“The use of live facial recognition technology would be a radical departure from Police Scotland’s fundamental principle of policing by consent”
The Sub-Committee also noted its expectation that a thorough and transparent review of necessity and accuracy, alongside an assessment of the impact on communities and individuals, would be conducted prior to any decision to implement this technology. However, following the Scottish Biometrics Conference in June 2024, the Scottish Government emphasised that any decision to use LFR is an operational decision to be made by Police Scotland.
