Judgment Approved by the court for handing down
R (Bridges) v CCSWP and SSHD
Schwarz v Stadt Bochum [2014] 2 CMLR 5 at [48]). However, by the use of
AFR technology, facial biometrics can be procured without requiring the cooperation or knowledge of the subject or the use of force, and can be obtained
on a mass scale.
44.
E.
45.
The Secretary of State has set up an Oversight and Advisory Board,
comprising representatives from the police, Home Office, the Surveillance
Camera Commissioner, the Information Commissioner, the Biometrics
Commissioner, and the Forensic Science Regulator, to co-ordinate
consideration of the use of facial imaging and AFR by law enforcement
authorities.
THE CONVENTION RIGHTS CLAIM
The Claimant contends that SWP’s use of AFR Locate is in breach of the
requirements of ECHR Article 8. Article 8 provides as follows:
“Article 8
1.
Everyone has the right to respect for his private and family
life, his home and his correspondence.
2.
There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of
national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection
of health or morals, or for the protection of the rights and
freedoms of others.”
46.
AFR permits a relatively mundane operation of human observation to be
carried out much more quickly, efficiently and extensively. It is technology of
the sort that must give pause for thought because of its potential to impact
upon privacy rights. As the Grand Chamber of the Strasbourg Court said in S
v. United Kingdom (2009) 48 EHRR 50 at [112]:
“[T]he protection afforded by art.8 of the Convention would be
unacceptably weakened if the use of modern scientific techniques
in the criminal-justice system were allowed at any cost and
without carefully balancing the potential benefits of the extensive
use of such techniques against important private-life interests …
any state claiming a pioneer role in the development of new
technologies bears special responsibility for striking the right
balance in this regard”.