Use of Automated Facial Recognition

The request was successful.

Dear Police Scotland,

I refer you to the following: http://www.eveningtimes.co.uk/news/16129... (hereafter referred to as 'the article')

Please provide information as to the identity of the data controller in relation to the automated facial recognition system made use of by the handheld devices provided to Officers at Haghill and as described in the article (hereafter referred to as 'the system').

If the data controller for the system is Milnbank Housing Association then please also provide the following:

1) Any information relating to a) Police Scotland's use of the system, b) the relationship established between Milnbank Housing Association and Police Scotland for the purposes of using the system, c) any discussions within Police Scotland in advance of agreeing to use the system, and d) any discussions between Milnbank Housing Association and Police Scotland prior to the Police Scotland agreeing to use the system.

2) Aggregate figures for the number of arrests made as a result of the use of the system as of July 18th 2018.

3) Information relating to the accuracy of the system, including information relating to any testing process undertaken by Police Scotland to establish the level of accuracy of that system.

Alternatively if the data controller for the system is Police Scotland, then please also provide the following:

1) The lawful basis on which Police Scotland are relying for their use of the system.

2) A statement of the purposes for which Police Scotland are using the system.

3) Any other purposes for which personal data, including biometric data, collected by the system, as well as the legal basis for processing pursuant to those other purposes.

4) Information on for how long personal data, including biometric data, processed by the system will be stored.

5) Information describing the technical and organisational measures established to ensure the security of any personal data, including biometric data, collected, stored, or otherwise processed by the system.

5) Aggregate figures for the number of people whose faces have been scanned using the system as of July 18th 2018.

6) Aggregate figures for the number of arrests made as a result of the use of the system as of July 18th 2018.

7) Information relating to the accuracy of the system, including information relating to any testing process undertaken by Police Scotland to establish the level of accuracy of that system.

8) A copy of the policy document, if any, which was in place for Police Scotland as of May 25th 2018, and, where it differs, the policy document which was in place for Police Scotland as of July 18th 2018. By "policy document" I refer to an "appropriate policy document" as described in section 42 of the Data Protection Act 2018.

9) Information relating to (including a copy of) the Data Protection Impact Assessment, if any, conducted in advance of the use of the system. By "Data Protection Impact Assessment" I refer to an assessment as described in section 64 of the Data Protection Act 2018.

Yours faithfully,

Jennifer Cobbe

Police Scotland

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Jane McNair, Police Scotland

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OFFICIAL
Good Afternoon,

Please find attached a formal response to your recent request for information.

Regards

FOI Team
Glasgow

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Scottish Legal News
Report: Facial recognition and AI should be governed by statutory codes

https://www.scottishlegal.com/articles/p...

Independent review – Independent advisory group on new and emerging technologies in policing: final report
Published 22 February 2023

'4. Police Scotland should seek to implement their Data Ethics Governance Framework. Key stakeholders should be involved in internal review prior to implementation and an effectiveness review should be undertaken 12 months after roll-out to ascertain the benefits realised and lessons learned.

10. Police Scotland should clearly specify the legal basis for using emerging technology, share it with key stakeholders for input and publicly share it.'

https://www.gov.scot/publications/indepe...
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England. and Wales

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...

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

Updated 16 February 2023

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

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....