MSPs have warned Police Scotland not to use live facial recognition software as it is “not fit” for purpose and would be a “radical departure” from policing by consent.
In a scathing report, Holyrood’s policing committee said the current technology discriminated against women and ethnic minorities and would be “unjustifiable”.
Police Scotland has previously said it wants to use the software, which checks live CCTV against police databases, by 2026, although it has since backtracked on this.
In their report, the MSPs on the Justice sub-Committee said the force should drop any plans it might have for using live facial recognition on that timescale.
It said the force had not yet shown it had a legal basis for using it, that it would comply with human rights and data laws, or that it was free of ethnicity and gender biases.
It also said the force’s claim that the software was likely to have a positive effect on equalities and human rights was “in stark contrast” to evidence it had heard.
The report said: “The live facial recognition software which is currently available to the police service is known to discriminate against females, and those from black, Asian and ethnic minority communities.
“Prior to any decision to introduce live facial recognition technology to policing in Scotland, it is essential that a robust and transparent assessment of its necessity and accuracy is undertaken, and that the potential impacts on people and communities are understood.
“[It] would be a radical departure from Police Scotland’s fundamental principle of policing by consent.”
Police Scotland currently uses “retrospective facial recognition technology”, matching recorded footage against databases.
The committee said the force’s procedures and practices “would benefit from a review” by its oversight body, the Scottish Police Authority and a new Scottish Biometrics Commissioner.
In particular, “the risks and legal implications of...using any images held illegally on the UK Police National Database of people who have not been convicted of any crime”.
Convener John Finnie said: “The sub-committee is reassured that Police Scotland have no plans to introduce live facial recognition technology at this time.
“It is clear that this technology is in no fit state to be rolled out or indeed to assist the police with their work.
“[It] throws up far too many ‘false positives’ and contains inherent biases that are known to be discriminatory.”
He added: “Our inquiry has also shone light on other issues with facial recognition technology that we now want the Scottish Police Authority and the Scottish Government to consider.
“Not least amongst these are the legal challenges against similar technologies in England and Wales, and the apparent lack of law explicitly governing its use in Scotland - by any organisation.
“So whether this technology is being used by private companies, public authorities or the police, the Scottish Government needs to ensure there is a clear legal framework to protect the public and police alike from operating in a facial recognition Wild West.”
Lynn Brown, Interim Chief Executive of the Scottish Police Authority said: “We note the Justice Sub Committee’s report. The Board of the SPA will consider the recommendations and respond to the committee in due course.
“The joint strategy for policing is currently being refreshed with a consultation process on-going till 2nd March. The committee’s report will be considered as part of that consultation.
“The Authority also firmly supports the establishment of a Scottish Biometrics Commissioner and an underpinning Code of Practice. If the legislation is passed by the Parliament to create this post, the Authority will work closely with them to address the concerns raised in the committee’s report.”
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