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.
To access the full document please open the PDF document above.
To view as accessible content please use the sections below. (Note that tables and images are not available as accessible content).
The Legislative and Regulatory Framework in Scotland
The Police and Fire Reform (Scotland) Act 2012 outlines the role and duties of Police Scotland and the Scottish Police Authority.
There is no single piece of legislation for the use of LFR in Scotland (or the UK). Any use of the technology would therefore be regulated by the following legislation:
- Human Rights Act 1998
- Equality Act 2010
- UK General Data Protection Regulation
- Data Protection Act 2018
This would be supported by the Scottish Biometric Commissioner’s Code of Practice and in line with guidance on law enforcement use of LFR by the Information Commissioner’s Office (such as a Commissioner’s Opinion on use of LFR in public spaces and good practice checklists)
Any use of LFR will need to have a legal basis that is sufficiently clear and foreseeable and have to adhere to these pieces of legislation and codes. The common law (i.e. non-statutory sources of law such as case law) may also form part of the legal framework, particularly where this concerns the nature and extent of police powers.
There would also be a need to provide a detailed overview and analysis of any equalities, human rights or data protection implications of LFR, the completion of an Equality Impact Assessment (as noted in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012). For more specific information on the implication son the Human Rights Act 1998, Scottish Biometrics Commissioner Code of Practice, equality and data protection considerations please see Appendix C.
