Facial Recognition Use and Related Documentation

The request was partially successful.

Dear Avon and Somerset Constabulary,

Please could you confirm if the force is using live and/or retrospective facial recognition technology, or is planning to in the next 12 months?

If you are using facial recognition, which supplier(s) have you contracted with?

Please share copies of your policy, standard operating procedure and DPIA along with any other related documentation.

Yours faithfully,

Fred

#Freedom of Information Requests, Avon and Somerset Constabulary

Good Morning,

Thank you for your message requesting information. For the purposes of logging, researching and responding to your request I need your full name. Please would you mind supplying this and then I will be able to proceed.
Many thanks.

Regards

Emma Price 8816
Disclosure Research Officer

Legal Services Directorate. | Avon and Somerset Police
www.avonandsomerset.police.uk | Follow us on Twitter and Facebook

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Dear #Freedom of Information Requests,

My full name is Fred Wright

Yours sincerely,

Fred Wright

#Freedom of Information Requests, Avon and Somerset Constabulary

Good Morning,

Many thanks for your response and I will now log and proceed. You will hear from us again in due course.
Regards

Emma Price 8816
Disclosure Research Officer

Legal Services Directorate. | Avon and Somerset Police
www.avonandsomerset.police.uk | Follow us on Twitter and Facebook

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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]    

 

 

 

 

Fred Our 542/22
<[FOI #860636 email]> Reference
Date 01
July
2022

 

Dear Fred

 

Re: Request for information dated 11^th May 2022 under the Freedom of
Information Act

 

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

 

Please could you confirm if the force is using live and/or retrospective
facial recognition technology, or is planning to in the next 12 months?

 

If you are using facial recognition, which supplier(s) have you contracted
with?

 

Please share copies of your policy, standard operating procedure and DPIA
along with any other related documentation.

 

 

Our response:

As of the date of your request Avon and Somerset Police are currently
exploring the possibility of using retrospective facial recognition.

Retrospective facial recognition was trialled on 28^th May 2021 (35
images) and 6^th July 2021 (13 images) to identify suspects in a Bristol
disorder.

 

These considerations are in the very early stages, and at this time we
have not planned to introduce this technology.

 

We have no plans to introduce live facial recognition at this time.

 

Please see [1]here reference to the use of facial recognition on our
website. It is anticipated this will be regularly updated should this be
of interest to you in the future.

Live Facial Recognition (LFR) is the use of overt live facial recognition
to locate people on a watch list who are sought by the police. And in
keeping with [2]information already accessible within the public domain,
should not be interpreted as, or inference drawn to information relevant
to any potential use of covert policing tactics.

 

Yours sincerely,

 

Rebecca Pritchard

Freedom of Information Officer

[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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J Roberts left an annotation ()

Clearview - a company used by the police - fined more than £7.5m in respect of its database that matches facial images - May '22

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

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'

Biometrics Commissioner - 15/2/23

UK policing 'shot through' with Chinese surveillance technology

https://www.gov.uk/government/news/uk-po...

Update (21/3/23):

'We note that the survey returns gave the impression that 2 forces were using Hikvision body worn cameras. However, subsequent enquiries have shown that to be incorrect. Consequently, the Biometrics and Surveillance Camera Commissioner can report that none of the forces who replied to the survey used body worn cameras manufactured by Hikvision.'

https://www.gov.uk/government/news/uk-po...

'A Mail on Sunday investigation discovered CCTV cameras – which have also been banned by the US military amid concerns they could be used to send vital data back to Beijing's spies – at numerous military sites, including barracks for elite troops who guard the King.'

https://www.dailymail.co.uk/news/article...

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

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

West Midlands Police trialling live-stream body-cams

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

Baross Goldie 'answered' this question from Lord Alton of Liverpool:

UIN HL5880

'To ask His Majesty's Government why CCTV cameras made by Hikvision and Dahua have not yet been removed from UK army bases, following the direction to do so by the Ministry of Defence in November 2021.'

https://questions-statements.parliament....

Daily Express 4/5/23:

New security threat as GCHQ offices exposed as using Chinese-made CCTV cameras

https://www.express.co.uk/news/politics/...

Guardian 16/5/23:

Ministers are calling for facial recognition technology to be “embedded” in everyday policing, including potentially linking it to the body-worn cameras officers use as they patrol streets.

The Met used LFR at the coronation resulting in one arrest from 68,000 faces scanned, figures show. Three sites were set up, with LFR cameras close to the Savoy and Bridge Street in Westminster, which scanned nearly 38,000 faces and produced no alerts against a list of 10,451 people police regarded as suspects.

An LFR camera set up in Piccadilly scanned 30,633 faces, produced two alerts, one of which led to an arrest and one of which led to no further action. The Met data claims there were no false alerts.'

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

J Roberts left an annotation ()

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...