Use of Facial recognition technology

The request was partially successful.

Dear Avon and Somerset Constabulary,

Please can you let me know if Avon and Somerset Police has used Facial recognition technology, including facial recognition cameras, for policing, or for testing purposes, during 2019-20.

If so:
a) What dates was the technology used?
b) What was the purpose of using the technology?
c) Was the technology used in relation to policing a particular public event or protest?

Yours faithfully,

Tom Anderson

#Freedom of Information Requests, Avon and Somerset Constabulary

Thank you for your request for information. Your request will now be considered and you will receive a response within the statutory timescale of 20 working days as defined by the Act. In some circumstances Avon and Somerset Constabulary may be unable to achieve this deadline if consideration needs to be given to the public interest test. If this is likely you will be informed and given a revised time-scale at the earliest opportunity.

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Dear #Freedom of Information Requests,

Thanks for the response, could I ask an additional question

d) What company supplied the technology

Yours sincerely,

Tom Anderson

#Freedom of Information Requests, Avon and Somerset Constabulary

I will add this to your request

Thank you

Kind Regards

FOI Team

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#Freedom of Information Requests, Avon and Somerset Constabulary

2 Attachments

Legal Services Directorate

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Email [email address]    

 

 

 

 

Tom Anderson Our 691/20
<[FOI #676656 email]> Reference
Date 04
August
2020

 

Dear Mr Anderson

 

I write in connection with your request for information dated 14^th July
2020 under the Freedom of Information Act.

 

Specifically you asked:

 

Please can you let me know if Avon and Somerset Police has used Facial
recognition technology, including facial recognition cameras, for
policing, or for testing purposes, during 2019-20.

 

If so:

a) What dates was the technology used?

b) What was the purpose of using the technology?

c) Was the technology used in relation to policing a particular public
event or protest?

 

 

Our response:

 

We do not use any facial recognition software. Avon and Somerset
Constabulary uses facial searching through the Police National Database.

 

In respect of covert use of automatic facial recognition Avon and Somerset
Constabulary can neither confirm nor deny that information is or is not
held by virtue of Section 24(2) National Security and Section 31(3) Law
Enforcement.

 

Sections 31 and 24 are both prejudice based and qualified exemptions,
therefore there is a requirement to articulate the harm that would be
caused in confirming or not whether information is held as well as
carrying out a public interest test. Please see this below:

 

Harm considerations

Any disclosure under the Freedom of Information Act is a release of
information to the public at large. Whilst not questioning the motives of
the applicant, confirming or denying that any other information relating
to the covert practise of facial recognition is held would inform
criminals of the capacity, tactical abilities and capabilities of Avon and
Somerset Police, allowing them to target specific areas in the UK to
conduct their criminal/terrorist activities.  Confirming or denying the
specific circumstances in which the police service may or may not deploy
the use of facial recognition would lead to an increased harm to covert
investigations and would compromise law enforcement. This would be to the
detriment of providing an efficient policing service and a failure in
providing a duty of care to all members of the public.

 

The threat from terrorism cannot be ignored.  It is generally recognised
that the international security landscape is increasingly complex and
unpredictable. The UK Government has published the threat level, based
upon current intelligence and the UK continues to face a sustained threat
from violent extremists and terrorists and the [1]current threat level is
set at ‘severe’.

 

It is well established that police forces use covert tactics and
surveillance to gain intelligence in order to counteract criminal
behaviour. It has been previously documented in the media that many
terrorist incidents have been thwarted due to intelligence gained by these
means. 

 

Confirming or denying whether any information is or is not held relating
to the covert use of facial recognition technology would limit operational
capabilities as criminals/terrorists would gain a greater understanding of
police methods and techniques, enabling offenders to take steps to counter
them.  It may also suggest the limitations of police capabilities in this
area, which may further encourage criminal/terrorist activity by exposing
potential vulnerabilities. This detrimental effect is increased if the
request is made to several different law enforcement bodies.  In addition
to the local criminal fraternity now being better informed, those intent
on organised crime throughout the UK will be able to ‘map’ where the use
of certain tactics are or are not deployed.  This can be useful
information to those committing crimes. It would have the likelihood of
identifying location-specific operations which would ultimately compromise
police tactics, operations and future prosecutions as criminals could
counteract the measures used against them.

 

Any information identifying the focus of policing activity could be used
to the advantage of terrorists or criminal organisations.  Information
that undermines the operational integrity of these activities will
adversely affect public safety and have a negative impact on both National
Security and Law Enforcement.

 

Public Interest Test

 

Factors favouring confirming or denying whether any other information is
held for Section 24

The public is entitled to know where their public funds are being spent
and a better informed public can take steps to protect themselves.

 

Factors against confirming or denying whether any other information is
held for Section 24

By confirming or denying the use of specialist techniques could render
Security measures less effective. This could lead to the compromise of
ongoing or future operations to protect the security or infra-structure of
the UK and increase the risk of harm to the public.

 

Factors favouring confirming or denying whether any other information is
held for Section 31

Better awareness may reduce crime or lead to more information from the
public, and the public would be able to take steps to protect themselves.

 

Factors against confirming or denying whether any other information is
held for Section 31

By confirming or denying whether such techniques were used would
compromise law enforcement tactics and undermine the partnership approach
which would hinder the prevention or detection of crime. This would impact
on police resources, more crime would then be committed and individuals
placed at risk.

 

Balance test

The security of the country is of paramount importance and the police
service will not divulge whether information is or is not held if to do so
could undermine national security or compromise law enforcement. Whilst
there is a public interest in the transparency of policing techniques and
in this case providing assurance that the police service is appropriately
and effectively engaging with the threat posed by the criminal fraternity,
there is a very strong public interest in safeguarding both national
security and the integrity of investigations and operations in this area
of policing.

 

Therefore it is our opinion that for these issues the balancing test for
confirming or denying whether any information is held regarding these
techniques is not made out.

 

None of the above can be viewed as an inference that the information you
seek does or does not exist.

 

Yours sincerely

 

 

Rebecca Pritchard

Freedom of Information Officer

 

Legal Services Directorate  |  Avon and Somerset Police

[2]www.avonandsomerset.police.uk  |  Follow us on [3]Twitter and
[4]Facebook

 

 

Please note:

1.     Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may contain a link
to additional information, which may provide you with further
clarification.

2.     Whilst we may verbally discuss your request with you in order to
seek clarification, all other communication should be made in writing.

3.     Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review procedure (copy
attached).

 

 

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Dear #Freedom of Information Requests,

In regards to my previous request. Please can you clarify what is meant by "Avon and Somerset
Constabulary uses facial searching through the Police National Database." What is Facial Searching technology?

Yours sincerely,

Tom Anderson

#Freedom of Information Requests, Avon and Somerset Constabulary

Thank you for your request for information. Your request will now be considered and you will receive a response within the statutory timescale of 20 working days as defined by the Act. In some circumstances Avon and Somerset Constabulary may be unable to achieve this deadline if consideration needs to be given to the public interest test. If this is likely you will be informed and given a revised time-scale at the earliest opportunity.

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#Freedom of Information Requests, Avon and Somerset Constabulary

1 Attachment

Tom Anderson Our 1086/20
Reference
[FOI #676656 email] Date 13
November
2020

 

Dear T Anderson,

 

Re: Request for information dated 30^th October 2020 under the Freedom of
Information Act.

 

I write in connection with your above request where you asked as follows:-

 

In regards to my previous request. Please can you clarify what is meant by
"Avon and Somerset Constabulary uses facial searching through the Police
National Database."

 

What is Facial Searching technology?

 

Our response:

 

Your request for information has now been considered and I am not obliged
to supply the information you have requested.

 

The exemption applicable to this information is Section 21 – Information
reasonably accessible by other means. This is an absolute and class based
exemption and as such does not require a harm and public interest test.

 

The information requested is publicly available to view on

 

[1]https://assets.publishing.service.gov.uk...

 

In accordance with the Act, this represents a Refusal Notice for your
request.

 

Yours sincerely,

 

Adam Northcott

Disclosure Officer

 

Mail: Freedom of Information, Legal Services Directorate, Avon and
Somerset Constabulary, Force HQ, PO Box 37, Valley Road, Portishead,
BRISTOL, BS20 8QJ

Email  [2][email address]

 

[3]www.avonandsomerset.police.uk  |  Follow us on [4]Twitter and
[5]Facebook

 

Please note:

1.                    Requests and responses may be published on Avon and
Somerset Constabulary’s website (within 24 hours), some of which may

contain a link to additional information, which may provide you with
further clarification.

2.                    Whilst we may verbally discuss your request with you
in order to seek clarification, all other communication should be made in

writing.

3.                    Avon and Somerset Constabulary provides you with the
right to request a re-examination of your case under its review

procedure (copy attached).

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