South Wales Police in court over facial recognition system

Racial and gender biases have not fully been explored in the facial recognition technology used by South Wales Police, the Court of Appeal has been told.

It is the second day of a legal challenge brought by civil rights group Liberty and Ed Bridges, from Cardiff.

They claim reasonable steps have not been taken to tell if the technology discriminates and has a bias.

“Rigorous safeguards” were needed but these were simply not there, the court heard.

Dan Squires QC said an initial equality impact assessment was done, but it was determined there was no need for a full assessment to be carried out – a breach of the public sector equality duty, he claimed.

The Information Commissioner’s Office also argued that there was a lack of a specific legal framework for this “developing technology”.

Gerry Facenna QC said: “The limits of this technology are virtually unbounded. You have an enormous data set here.

“The dangers inherent in this technology require rigorous safeguards so the public can be content their information won’t be used in a way that is not disproportionate when they are going about their ordinary business.”

He said those guidelines were not there at present and a national, legal framework was required.

Mr Bridges brought the challenge after he saw a police van marked with AFR cameras as he took a lunch break in Cardiff city centre and then again at a peaceful protest at an arms fair in the city.

He argued the AFR system analysed his biometric data – digital mapping of a person’s facial features – without his knowledge or consent.

By last November, the vans had been deployed on 71 days at 39 events, with 60 people arrested at locations ranging from pop concerts to protests as well as big sporting events.

South Wales Police was the first force in the UK to make an arrest using the real-time technology in 2017, ahead of the Champions League final in Cardiff.

It has argued it has used biometric data analysis “lawfully and proportionately”.

The hearing is due to last three days and is being held via videolink.