As Chair of the Authority’s Policing Performance Committee, it has become clear when discussing Live Facial Recognition (LFR) with peers, colleagues, stakeholders and friends that there are currently two core questions to address: what is the current position on LFR? and how will the Authority oversee any exploration into and potential adoption of the technology? In this blog I hope to provide clarity by answering these questions.

Where we are

Firstly, I need to be clear on what the current position is regarding LFR for policing in Scotland. No decision has been made regarding the implementation or otherwise of LFR. What has been decided is that Police Scotland will continue to explore the potential use of LFR – in doing so, it will consult with the public and stakeholders. There would then be further stages of governance and approval to undertake before a final decision is made, as I will go onto explain.

In case you haven’t read it, this position on LFR is also set out by ACC Stuart Houston, who is leading Police Scotland’s exploration into LFR. In a recent briefing paper to our Policing Performance Committee, ACC Houston makes clear what the current position is:

“At this stage it is still the position that there are a number of steps before any decision regarding the use of the technology can be taken.”

The role of the Authority

When it comes to the oversight of new technology for a policing purpose, the Authority’s approach and expectations are unambiguous. The Authority’s approach has been discussed in an earlier blog, however I want to expand on this below and in particular, what it means for any consideration of LFR.

The Scottish Police Authority has a key role to play in the adoption of any new technology in policing, in the form of providing robust scrutiny of proposals and carrying out this scrutiny in the public domain as far as possible. The Authority should freely share its view on issues that have the capacity to transform policing, laying out the evidence base that has informed it.

We are absolutely clear that the governance processes applied to support decision making on the introduction of new technology must be transparent, proportionate, and justifiable. Any introduction of new technology should involve consideration of a broad range of evidence, with a prioritised consideration given to human rights and policing values in the decision-making process.  

The Rights Based pathway

The Rights Based Pathway was implemented in June 2023 following recommendations from the Independent Advisory Group on Emerging Technologies in Policing which the Authority contributed to. This pathway is used to support the implementation of new technology by Police Scotland. It focuses on maintaining public trust through the lens of ethical considerations and public engagement. The Authority is consulted throughout this process. It is the Authority’s expectation that Police Scotland follow this pathway for any consideration of LFR.

Consultation, safeguards and evaluation

This is not a new area of discussion - the formal exploration into the potential use of LFR in Scotland began over half a decade ago. In October 2019, the Scottish Parliament’s Justice Sub-Committee on Policing undertook an inquiry into how policing in Scotland makes use of facial recognition technology, publishing its findings in a report in February 2020. The Authority fully acknowledge the observations and considerations laid out in the report and any progression towards the development of LFR usage would be assessed against its recommendations.

The Authority has made clear that as part of any plans to adopt LFR, Police Scotland will be required to produce a Code of Practice specific to LFR and to also demonstrate compliance with the Biometrics Commissioner’s Code of Practice. The LFR Code of Practice would contain, but not be limited to:

• use cases for the deployment,
• how the ‘watch list’ is compiled, weeded and retained,
• how the public will be informed,
• thresholds for deployment, and
• who may authorise use and deployment of LFR.

Alongside these safeguards and controls, the Authority expects Police Scotland to develop a full suite of impact assessments. Both these impact assessments and the Code of Practice would be subject to consultation with a wide range of stakeholders and the public.

All these elements will make up a comprehensive  business case to support a final decision on whether or not to adopt LFR. This business case will need to outline all necessary ethical, legal and human rights considerations and safeguards to ensure any future use of the technology is justifiable, proportionate, and explainable.

So, how long will this take?

The final question I usually get asked is about timelines, and honestly, it is difficult to estimate. It is my view that the steps I have discussed above will take a considerable amount of time. My best estimate at this stage, is that this could take anywhere between 18-24 months for the Business Case to be presented to the Authority and a decision made.  

The Authority has also produced a more detailed Briefing Note on this topic.

If you have any questions on the topic of LFR and the Authority’s oversight, I would encourage you to contact enquiries@spa.police.uk.