Judgment Approved by the court for handing down.
R (Bridges) -v- CC South Wales & ors
10. There should be effective review and audit mechanisms to
ensure legal requirements, policies and standards are complied
with in practice, and regular reports should be published.
11. When the use of a surveillance camera system is in pursuit
of a legitimate aim, and there is a pressing need for its use, it
should then be used in the most effective way to support public
safety and law enforcement with the aim of processing images
and information of evidential value.
12. Any information used to support a surveillance camera
system which compares against a reference database for
matching purposes should be accurate and kept up to date.”
31.
The SC Code concerns “conventional” CCTV systems, but specifically addresses the
use of AFR as part of a surveillance camera system (see paragraph 3.2.3 below). The
SC Code also covers the broader spectrum of statutory and procedural considerations
which apply to surveillance camera operators, including Human Rights, Data
Protection, Investigatory Powers and the forensic integrity of images.
32.
Relevant paragraphs from the SC Code are as follows (with emphasis added):
“1.8 This code has been developed to address concerns over the
potential for abuse or misuse of surveillance by the state in
public places.”
“2.1 Modern and forever advancing surveillance camera
technology provides increasing potential for the gathering and
use of images and associated information. These advances vastly
increase the ability and capacity to capture, store, share and
analyse images and information. This technology can be a
valuable tool in the management of public safety and security, in
the protection of people and property, in the prevention and
investigation of crime, and in bringing crimes to justice.
Technological advances can also provide greater opportunity to
safeguard privacy. Used appropriately, current and future
technology can and will provide a proportionate and effective
solution where surveillance is in pursuit of a legitimate aim and
meets a pressing need.”
“2.2 In general, any increase in the capability of surveillance
camera system technology also has the potential to increase the
likelihood of intrusion into an individual's privacy. The Human
Rights Act 1998 gives effect in UK law to the rights set out in
the European Convention on Human Rights (ECHR). Some of
these rights are absolute, whilst others are qualified, meaning
that it is permissible for the state to interfere with the right
provided that the interference is in pursuit of a legitimate aim
and the interference is proportionate. Amongst the qualified
rights is a person's right to respect for their private and family