SLWG - Phase 1

The aim of Phase 1 is to draft a policy for the strategic LFR Steering Group, either having found sufficient evidence of how LFR can support policing in a legal and ethical way, or a recommendation to the contrary.

If relevant, the remit of the group may extend to subsequent phases encompassing the Rights Based Pathway, Data Ethics Triage, wider public and stakeholder consultation, etc., but only if there is a clear, supported and evidence-based policy to be considered.

Ideally, the policy proposal will be available earlier than the 12- month timescale, however, the SLWG is not a dedicated or resourced project, with members asked to participate in addition to their substantive roles and responsibilities.

A copy of the SLWG Terms of Reference is provided at Appendix A.

At the first session, it was agreed work would be delivered via 3 sub-groups, namely ‘Use Cases & Benchmarking’, ‘Legal and Ethical Considerations’ and ‘Comms & Engagement’, as outlined at Appendix B.

The key priority of Phase 1 is a strategic risk assessment of LFR, via the identification of policing Use Cases. This should be a combination of benchmarking with forces already deploying LFR in the UK, as well as proposals for bespoke use in Scotland at the earliest opportunity. Some of this work has already been captured by the PS Digital & Transformation Innovation Team.

Members will work to capture and consider the legal and ethical implications of LFR. Currently, there is no legal framework underpinning the use of facial matching in Scotland. There is no statutory legislation in relation to the use of Scottish arrestee images, however the SBC Code of Practice make provisions to mirror existing legislation where legislation is currently silent. (i.e. S18-19C CP(S)A95 Arrestee DNA and Fingerprints).

To ensure transparency and consistent messaging, PS Corporate Comms are represented on the SLWG and aim to deliver an LFR Comms Strategy. The group is also working to establish a stakeholder directory and engagement schedule.