Judgment Approved by the court for handing down
R (Bridges) v CCSWP and SSHD
(i) prior to each AFR deployment, utilising Facebook and Twitter to advertise
the deployment and its location and invite engagement with officers who are
deploying the technology; (ii) displaying large A2-size “Fair Processing
Notices” on the AFR-equipped police vehicles on site and at approximately a
100 metre radius of the AFR cameras; and (iii) handing out of postcard-sized
notices to members of the public in the vicinity of each AFR deployment and
to every person that is spoken to as a result of an AFR intervention. There is
also material about AFR on SWP’s website.9 Inspector Lloyd further explains
“30.
… It is important to ensure that a balance is
maintained between transparency and engagement whilst not
unduly impacting on the effectiveness of the deployment. This
balance is achieved via a risk-based approach, at times it may
be appropriate to advertise a deployment so that individuals of
concern are deterred from attending. At other times it may be
more appropriate to encourage attendance by not disclosing
deployment specifics so that an individual is more likely to
attend and be detained.”
40.
Whilst deployment of AFR is not covert, it is reasonable to suppose, however,
that a large number of people whose facial biometrics are captured and
processed by SWP’s use of AFR are unaware of this taking place.
Biometric data
41.
The use of AFR technology involves the collection, processing and storage of
a wide range of information, including (i) facial images, (ii) facial features (i.e.
biometric data), (iii) metadata, including time and location, associated with the
same and (iv) information as to matches with persons on a watchlist. AFR
entails the processing of biometric data in the form of facial biometrics. The
term “biometrics” is described in the Secretary of State’s Biometrics Strategy
(June 2018) as “the recognition of people based on measurement and analysis
of their biological characteristics or behavioural data” 10.
42.
Biometric data enables the unique identification of individuals with some
accuracy. It is this which distinguishes it from many other forms of data.
Facial biometrics are one of the primary forms of biometric data, alongside
fingerprints and DNA. The Biometrics Strategy (June 2018) explains that
“biometrics have long provided a critical role across the Home Office sector
from traditional policing forensics, immigration services to national
security”11.
43.
Facial biometrics bear some similarity to fingerprints because (a) both can be
captured without the need for any form of intimate sampling and (b) both
concern a part of the body that is generally visible to the public (c.f. C-291/12
9
http://afr.south-wales.police.uk/
10
Home Office Biometrics Strategy - Better Public Services Maintaining Public Trust
(June 2018) (para.1)
Ibid (para.2)
11