Does Big Brother Exist? Face Recognition Technology in the United Kingdom

Abstract

The United Kingdom (UK) law enforcement sector has been remarkably à l'avantgarde in employing facial recognition technology (FRT). Smart CCTV cameras were allegedly first used in the UK, where the London Metropolitan Police Service has operated them since the 1998. More recently, it was reported that businesses in the UK have been using a FRT system known as 'Facewatch' to share CCTV images with the police and identify suspected shoplifters entering their store. The massive deployment of FRT has unsurprisingly tested the limits of the UK's democracy: where should the line be drawn between acceptable uses of this technology for collective or private purposes, and the protection of individual entitlements that are compressed by the employment of FRT? Bridges v. South Wales Police case offered guidance on these matters, by shedding light on the balancing between individual rights and the lawful use of FRT for law enforcement purposes under the current UK rules. Yet, several ethical and legal questions on the regulation of FRT still remain unsolved. This chapter explores the UK approach to FRT regulation and offers reflections on the future of FRT regulation in the UK.

Keywords: facial recognition technology, United Kingdom, regulation, Bridges v South Wales Police, fundamental rights