Facial Recognition technology

The request was partially successful.

Dear South Wales Police,

Re: Project Fusion https://www.contractsfinder.service.gov....
Under the Freedom of Information Act please supply the following information:

1) Please advise how many times the real time facial recognition system has been used, either at public events or in a live surveillance operation. Please detail the dates and times, number of cameras operating the facial recognition technology and where they were deployed.

2) Please advise which image database the real time facial recognition is referencing.

3) Please advise how the public is informed that real time facial recognition is being used on them.

4) Please advise the criteria to decide to deploy real time facial recognition.

5) Please advise all the devices the real time facial recognition system can be used on, i.e. body worn cameras, hand held video devices, etc.

6) Are any images extracted from video and stored?

7) How long are images and video stored before being destroyed/deleted?

8) Please advise the evaluation period for the real time facial recognition and slow time static face search technology.

9) Please provide the Privacy Impact Assessment for the real time facial recognition technology and the slow time static face search technology.

Some parts of this request may be easier to answer than others and in such case please could you release available data as soon as possible rather than delay the entire request.

If you are not fully certain of what it is I am asking then I look forward to contact from you as soon as possible to clarify what it is I am requesting in order to meet your obligations under the law.

If the costs of processing this request exceed the limit in the Act, please advise on what information you are able to supply within the cost limit.

Yours faithfully,

Pippa King

South Wales Police

Thank you for contacting the Freedom of Information Team (FOI) at South
Wales Police.  This message is to confirm that we have received your
correspondence. Please do not reply to this email.

Ydych chi angen siarad gyda'r heddlu ond nad oes angen ymateb brys arnoch?
Ffoniwch 101… Gellir defnyddio'r rhif i roi gwybod am achos nad yw'n un
brys i unrhyw heddlu yng Nghymru a Lloegr.

Mewn argyfwng, ffoniwch 999 bob amser.

 

Do you need to speak to police but don't require an emergency response?
Call 101… The number can be used to report a non-emergency to any force in
Wales and England.

In an emergency, always dial 999.

Mae Heddlu De Cymru yn croesawu derbyn gohebiaeth yn Gymraeg a Saesneg.
Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd
gohebu yn Gymraeg yn arwain at oedi.

South Wales Police welcomes receiving correspondence in Welsh and English.
Any correspondence received in Welsh will be answered in Welsh and
corresponding in Welsh will not lead to a delay in responding.

show quoted sections

South Wales Police

Dear Ms King,

 

I write in connection with your request for information regarding facial
recognition technology.

 

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after received your request. 

 

We must consider firstly whether we can comply with s1(1)(a) of the Act,
which is our duty to confirm whether or not the information requested is
held and secondly we must comply with s1(1)(b), which is the provision of
such information. 

 

However, the Act allows the time for response to be longer than 20 working
days, if this balance of the public interest test is undetermined.

 

In this case we have not yet reached a decision on where the balance of
the public interest lies and estimate that it will take additional time to
make this decision.  Therefore, we plan to let you have a response by the
25th September.  If it appears that it will take longer than this to reach
a conclusion, you will be kept informed.

 

The specific exemption which applies in relation to your request is S.22 –
Information intended for future publication.  This is a qualified
exemption which requires the authority to conduct a public interest test
to establish whether the public interest is best served by disclosure on
non-disclosure of the information.

 

The ‘public interest’ is not however, what the public may find
interesting, there must be some tangible benefit to the community in such
a disclosure.  Ultimately, it must be something that serves the interests
of the public.  It is a requirement to identify all the factors which
serve these interests and also those which do not, only then can a
decision be made.

 

Additional information may be located on the ICO’s guidance page at the
link below (Awareness guidance 11 – Time for Compliance):

[1]http://www.ico.gov.uk/tools_and_resource...

 

Kind regards,

Vicky Griffiths

Freedom of Information Team

Data Management Unit & Disclosure Unit/Rheoli Data ac Uned Datgelu

South Wales Police HQ/Pencadlys yr Heddlu

Cowbridge Road/Heol y Bont-Faen

Bridgend/Penybont ar Ogwr

CF31 3SU

DD Telephone/Telliffon 01656 303444

E-mail/E-bost: [2][email address]

 

 

P       Ystyriwch yr amgylchedd - oes angen argraffu'r e-bost hwn mewn
gwirionedd? / Please consider the environment - do you really need to
print this email? 

 

Ydych chi angen siarad gyda'r heddlu ond nad oes angen ymateb brys arnoch?
Ffoniwch 101 Gellir defnyddio'r rhif i roi gwybod am achos nad yw'n un
brys i unrhyw heddlu yng Nghymru a Lloegr.

Mewn argyfwng, ffoniwch 999 bob amser.

 

Do you need to speak to police but don't require an emergency response?
Call 101 The number can be used to report a non-emergency to any force in
Wales and England.

In an emergency, always dial 999.

Mae Heddlu De Cymru yn croesawu derbyn gohebiaeth yn Gymraeg a Saesneg.
Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd
gohebu yn Gymraeg yn arwain at oedi.

South Wales Police welcomes receiving correspondence in Welsh and English.
Any correspondence received in Welsh will be answered in Welsh and
corresponding in Welsh will not lead to a delay in responding.

South Wales Police

Dear Ms King,

 

Unfortunately, we are still unable to reach a decision on where the
balance of the public interest lies and estimate that it will take
additional time to make this decision. Therefore, we plan to let you have
a response by the 23^rd October.  If it appears that it will take longer
than this to reach a conclusion, you will, once again, be kept informed.

 

Kind regards,

Vicky Griffiths

Freedom of Information Team

Data Management Unit & Disclosure Unit/Rheoli Data ac Uned Datgelu

South Wales Police HQ/Pencadlys yr Heddlu

Cowbridge Road/Heol y Bont-Faen

Bridgend/Penybont ar Ogwr

CF31 3SU

DD Telephone/Telliffon 01656 303444

E-mail/E-bost: [1][email address]

 

From: Freedom of Information
Sent: 25 August 2017 10:49
To: 'Pippa King' <[FOI #421859 email]>
Subject: Freedom of Information Request 846/17

 

Dear Ms King,

 

I write in connection with your request for information regarding facial
recognition technology.

 

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after received your request. 

 

We must consider firstly whether we can comply with s1(1)(a) of the Act,
which is our duty to confirm whether or not the information requested is
held and secondly we must comply with s1(1)(b), which is the provision of
such information. 

 

However, the Act allows the time for response to be longer than 20 working
days, if this balance of the public interest test is undetermined.

 

In this case we have not yet reached a decision on where the balance of
the public interest lies and estimate that it will take additional time to
make this decision.  Therefore, we plan to let you have a response by the
25th September.  If it appears that it will take longer than this to reach
a conclusion, you will be kept informed.

 

The specific exemption which applies in relation to your request is S.22 –
Information intended for future publication.  This is a qualified
exemption which requires the authority to conduct a public interest test
to establish whether the public interest is best served by disclosure on
non-disclosure of the information.

 

The ‘public interest’ is not however, what the public may find
interesting, there must be some tangible benefit to the community in such
a disclosure.  Ultimately, it must be something that serves the interests
of the public.  It is a requirement to identify all the factors which
serve these interests and also those which do not, only then can a
decision be made.

 

Additional information may be located on the ICO’s guidance page at the
link below (Awareness guidance 11 – Time for Compliance):

[2]http://www.ico.gov.uk/tools_and_resource...

 

Kind regards,

Vicky Griffiths

Freedom of Information Team

Data Management Unit & Disclosure Unit/Rheoli Data ac Uned Datgelu

South Wales Police HQ/Pencadlys yr Heddlu

Cowbridge Road/Heol y Bont-Faen

Bridgend/Penybont ar Ogwr

CF31 3SU

DD Telephone/Telliffon 01656 303444

E-mail/E-bost: [3][email address]

 

 

P       Ystyriwch yr amgylchedd - oes angen argraffu'r e-bost hwn mewn
gwirionedd? / Please consider the environment - do you really need to
print this email? 

 

Ydych chi angen siarad gyda'r heddlu ond nad oes angen ymateb brys arnoch?
Ffoniwch 101 Gellir defnyddio'r rhif i roi gwybod am achos nad yw'n un
brys i unrhyw heddlu yng Nghymru a Lloegr.

Mewn argyfwng, ffoniwch 999 bob amser.

 

Do you need to speak to police but don't require an emergency response?
Call 101 The number can be used to report a non-emergency to any force in
Wales and England.

In an emergency, always dial 999.

Mae Heddlu De Cymru yn croesawu derbyn gohebiaeth yn Gymraeg a Saesneg.
Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd
gohebu yn Gymraeg yn arwain at oedi.

South Wales Police welcomes receiving correspondence in Welsh and English.
Any correspondence received in Welsh will be answered in Welsh and
corresponding in Welsh will not lead to a delay in responding.

Dear South Wales Police,

I would bring to your attention that the Information Commissioner’s Office (ICO) guidance on considering a delay on answering a Freedom of Information request (FOIR) to carry out a public interest test is an additional 20 working days from the original due date of the FOIR. Twenty working days are considered to be a “reasonable” extension of time”. See https://ico.org.uk/for-organisations/gui...

After speaking to the ICO today they have advised me that only in exceptional circumstances should the extra 20 days to consider public interest be exceeded. They have also advised me to ask to you to reply promptly as to what your reasons are for the additional 20 day consideration of public interest to be further extended to 23rd October, or indeed any time after 25th September. The ICO advised that I reserve the right to inform them of your decision to exceed the recommended 20 day consideration, at which point the ICO may become involved in the FOIR.

I would therefore request that you please advise the reason to extend the time to answer my request past the 20 days ‘reasonably’ allowed for the public interest test which was up to the 25th September 2017.

Thank you for your time in this matter.

Yours faithfully,

Pippa King

South Wales Police

Dear Ms King,

Firstly, I do apologise for the delay in sending out your response. As previously advised, we have not yet reached a decision on where the balance of the public interest lies and estimate that it will take additional time to make this decision.

You have asked for the reasons for the delay and I would like to advise that due to increased workload and staff shortages, we have been unable to allocate the time to make the most appropriate decision in this case.

As previously advised, we will endeavour to respond to your request by 23rd October.

Kind regards,

Vicky Griffiths
Freedom of Information Team
Data Management Unit & Disclosure Unit/Rheoli Data ac Uned Datgelu
South Wales Police HQ/Pencadlys yr Heddlu
Cowbridge Road/Heol y Bont-Faen
Bridgend/Penybont ar Ogwr
CF31 3SU
DD Telephone/Telliffon 01656 303444
E-mail/E-bost: [email address]

Dear South Wales Police,

I would bring to your attention that the Information Commissioner’s Office (ICO) guidance on considering a delay on answering a Freedom of Information request (FOIR) to carry out a public interest test is an additional 20 working days from the original due date of the FOIR. Twenty working days are considered to be a “reasonable” extension of time”. See https://ico.org.uk/for-organisations/gui...

After speaking to the ICO today they have advised me that only in exceptional circumstances should the extra 20 days to consider public interest be exceeded. They have also advised me to ask to you to reply promptly as to what your reasons are for the additional 20 day consideration of public interest to be further extended to 23rd October, or indeed any time after 25th September. The ICO advised that I reserve the right to inform them of your decision to exceed the recommended 20 day consideration, at which point the ICO may become involved in the FOIR.

I would therefore request that you please advise the reason to extend the time to answer my request past the 20 days ‘reasonably’ allowed for the public interest test which was up to the 25th September 2017.

Thank you for your time in this matter.

Yours faithfully,

Pippa King

Pippa King left an annotation ()

A complaint was made to the Information Commissioner's Office 10th October 2017 to encourage a prompt response from South Wales Police.

South Wales Police

2 Attachments

Dear Ms King

      

Your request for information has now been considered and our response is
attached.

                          

I trust that this information answers your request. Should you have any
queries and wish to contact us by e-mail, please do so using the mail box
[1][South Wales Police request email]. (Please do not reply directly to my own
e-mail address as this may result in a delay to your request).

                              

South Wales Police provides you the right to request a re-examination of
your case under its review procedure (copy attached). If you decide to
request such a review and having followed the Forces full process you are
still dissatisfied, then you have the right to direct your comments to the
Information Commissioner who will give it consideration.

 

 

Kind Regards

 

Sally Hillman

 

Team Leader - Arweinydd Tim

Data Management and Disclosure Unit

Rheoli Data ac Uned
Datgelu                                                                          

South Wales Police Headquarters

Pencadlys Heddlu De Cymru

Cowbridge Road

Heol y Bont Faen

Bridgend CF31 3SU

Pen-y-Bont ar Ogwr CF31 3SU

Direct Line/ Llinell Uniongyrchol: 01656 303444

Internal/Mewnol   26662 

Visit our website: [2]http://www.south-wales.police.uk/index.asp

Ewch i'n gwefan:  [3]http://www.south-wales.police.uk/index_w...

 

Ydych chi angen siarad gyda'r heddlu ond nad oes angen ymateb brys arnoch?
Ffoniwch 101… Gellir defnyddio'r rhif i roi gwybod am achos nad yw'n un
brys i unrhyw heddlu yng Nghymru a Lloegr.

Mewn argyfwng, ffoniwch 999 bob amser.

 

Do you need to speak to police but don't require an emergency response?
Call 101… The number can be used to report a non-emergency to any force in
Wales and England.

In an emergency, always dial 999.

Mae Heddlu De Cymru yn croesawu derbyn gohebiaeth yn Gymraeg a Saesneg.
Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd
gohebu yn Gymraeg yn arwain at oedi.

South Wales Police welcomes receiving correspondence in Welsh and English.
Any correspondence received in Welsh will be answered in Welsh and
corresponding in Welsh will not lead to a delay in responding.

J Roberts left an annotation ()

Biometrics Commissioner - 16/2/23

The use of overt surveillance camera systems in public places by police forces in England and Wales: An assessment of compliance with the Protection of Freedoms Act 2012 and the Surveillance Camera Code of Practice

'8. Not all respondents have completed data protection impact assessments for all the technology under discussion in this survey. This is a concern, particularly given the government’s position that much of the work currently undertaken by the Surveillance Camera Commissioner is a data protection issue, and already falls under the remit of the ICO notwithstanding any legislative proposals to abolished (sic) the Surveillance Camera Code by the Data Protection and Digital Information Bill.'

https://www.gov.uk/government/publicatio...

Commissioner for the Retention and Use of Biometric Material Annual Report - January 2021 – March 2022

And

Surveillance Camera Commissioner Annual Report March 2021 – March 2022

February 2023

'84. More worrying is the reported use of images of people who, while having been arrested, have never subsequently been charged or summonsed, for comparison against Live Facial Recognition ‘reads‘ and watchlists. As I record in Part 2 of this report, the use of facial recognition technology by the police has become one of the most contentious areas of biometric surveillance, not just in the UK but globally .

Part 2 – Facial Recognition and AI

96. The objective of the event was to gain a better understanding of how facial recognition technology is perceived by society in a policing and law enforcement context. Speaking at the event were the Forensic Science Regulator, a senior lecturer from Sheffield University and representatives from the Biometrics Institute, the Information Commissioner’s Office, South Wales Police, and Big Brother Watch.

Appendix F: Facial recognition and AI'

https://assets.publishing.service.gov.uk...

Initial analysis of the 2022 police survey returns
Published 14 November 2022

Is your force operating Facial Recognition Technology?

'Only one force stated that it was using LFR (from the list supplied). Six had access to PND and two of those to CAID. One other mentioned access to Athena.'

https://www.gov.uk/government/publicatio...

Live facial recognition technology guidance published
22/3/22

https://www.college.police.uk/article/li...

The Biometrics and Surveillance Camera Commissioner's response to the College of Policing APP on Live Facial Recognition - 6/4/22

https://www.gov.uk/government/news/the-b...

Chief Constables’ Council

Title: National Biometrics Function and National Facial Recognition Project - 30/9/21

https://www.whatdotheyknow.com/request/8...

Who's Watching You? Report by Big Brother Watch - 7/2/22

https://bigbrotherwatch.org.uk/wp-conten...

'Police forces were reluctant to answer questions about any advanced capabilities, while some refused to say if they used Chinese brands at all'

The Guardian (15/2/23):

'British police are leaving themselves open to spying by Beijing because of their reliance on Chinese-made cameras, according to a report from the government’s independent watchdog on surveillance.'

https://www.theguardian.com/world/2023/f...

Fact Sheet on live facial recognition used by police Home Office 2019

https://webarchive.nationalarchives.gov....

J Roberts left an annotation ()

The i 25/11/23:

'An investigation by i and Liberty Investigates found three major UK forces – the British Transport Police, South Wales Police and Leicestershire Police – have acquired cutting-edge cameras made by a UK company that are designed to carry out real-time facial recognition checks as officers conduct patrols and interact with the public.'

https://www.msn.com/en-gb/money/technolo...

Reveal Media:

https://www.revealmedia.co.uk/

Gov.uk 30/10/23

'A new report points to a ‘worrying vacuum’ in government plans to safeguard the public in relation to biometrics and surveillance.'

CRISP

INDEPENDENT REPORT ON CHANGES TO THE FUNCTIONS OF THE BIOMETRICS AND SURVEILLANCE CAMERA COMMISSIONER ARISING FROM THE DATA PROTECTION AND DIGITAL INFORMATION (No.2) BILL

'Facial recognition is one of many evolving surveillance capabilities...' (p42)

https://www.gov.uk/government/news/repor...

Fraser Sampson, the biometrics and surveillance commissioner, expresses concern over the use of Chinese made cameras in policing in an exclusive Guardian interview (29/10/23):

“If I was a sworn police officer and the Home Office gave me body-worn video made by one of these companies, I would refuse to wear it on the basis that it was incompatible with my oath of office, and I would look forward to appearing before a conduct panel to explain why.”

https://www.theguardian.com/uk-news/2023...

The Guardian 29/10/23:

'Police are being encouraged to double their use of retrospective facial recognition software to track down offenders over the next six months.'

https://www.theguardian.com/technology/2...
The Guardian 23/10/23:

'Hikvision, the Chinese surveillance firm identified by the UK government as a security threat, has “recommitted” to Britain after receiving clarification that a ban on its cameras being positioned at sensitive sites does not extend to public authorities or police stations.'

https://www.theguardian.com/uk-news/2023...
Clearview AI Inc v The Information Commissioner [2023] UKFTT 819 (GRC)

17/10/23

1. We have concluded that the Information Commissioner (“the Commissioner”) did not have jurisdiction to issue the Enforcement Notice and the Monetary Penalty Notice to Clearview AI Inc (referred to herein as “CV”) because although the processing undertaken by CV was related to the monitoring of data subjects’ behaviour in the United Kingdom, the processing is beyond the material scope of the GDPR and is not relevant processing for the purposes of Article 3 UK GDPR.

13. ...CV further submits that the Service is an Internet Search
Engine service which is offered exclusively to foreign (i.e. non-UK/EU) criminal law enforcement and national security agencies, and their contractors...

40. CV’s Database contains billions of images. The size grows according to the number of images copied by the scrapers. In October 2022 it was estimated that the Database included over 20 billion images and increasing as new images are scraped. We were provided with an estimate of a growth rate of 75 million images per day.

62. CV offered its Service on a trial basis to law enforcement/government organisations within the UK between June 2019 and March 2020. There were 721 searches made in that trial phase. This “UK Test Phase” took place before the end of the transition period associated with the withdrawal of the United Kingdom from the European Union. There is no suggestion that the Service has been offered to customers established within the UK since that time.

63. The UK Test Phase is not relied upon by the Commissioner as part of the alleged infringements but as an indication that there are images of UK residents held within the CV Database...

115. The heart of this case, in the Commissioner’s submissions, is that the Service is being used to monitor the behaviour of data subjects. If we are not satisfied about that his case will fail, therefore we consider that aspect first.

144. For all of these reasons we find that that CV’s processing is related to the monitoring carried out by the clients because...

https://caselaw.nationalarchives.gov.uk/...

Panopticon:

https://panopticonblog.com/2023/10/18/cl...

17/11/23

'Information Commissioner seeks permission to appeal Clearview AI Inc ruling

The UK Information Commissioner is seeking permission to appeal the judgment of the First Tier Tribunal (Information Rights) (Tribunal) on Clearview AI Inc (Clearview).

In its judgment the Tribunal supported the ICO's view that US-based Clearview was processing personal information, which related to the monitoring of individual’s behaviour through the collection of billions of facial images, which were then offered for access and analysis using AI, to foreign subscribers.

The Commissioner welcomes this important clarification regarding UK data protection legislation as it provides certainty for businesses who are carrying out or planning to carry out similar activities.

The ruling makes clear that even if a company is not established in the UK, it is subject to UK data protection law that is related to the monitoring of people living in the UK. As such, where Clearview provides its services commercially, it will be subject to the ICO's jurisdiction.

The Commissioner considers the Tribunal incorrectly interpreted the law when finding Clearview’s processing fell outside the reach of UK data protection law on the basis that it provided its services to foreign law enforcement agencies. The Commissioner's view is that Clearview itself was not processing for foreign law enforcement purposes and should not be shielded from the scope of UK law on that basis.

John Edwards, UK Information Commissioner, said...'

https://ico.org.uk/about-the-ico/media-c...