Do you share my concerns that private companies are using facial recognition software on the public in London?

In September 2021, I published my Emerging Technology Charter for London, a set of practical and ethical guidelines for the trialling and deployment of new data-enabled technology in public services or the public realm. London is the first city in the UK to publish such a charter and, I have been told, the first in Europe. We have led the way because we are keen to foster an environment where technology can flourish and does so in a responsible way that respects our rights. We have incorporated the UK Information Commissioner’s recent opinion into the charter, including on the use of biometric data such as in facial recognition software. The UK Information Commissioner’s Office (ICO) sets a very high bar for use of biometric data such as live facial recognition technologies in public spaces by non-law enforcement bodies. The ICO requires that the use of these technologies considers the potential for bias, examines the impacts on the rights and freedoms of its citizens, and demonstrates that other less intrusive measures cannot reasonably achieve the same purpose. If these technologies cannot meet the tests set out by the ICO, then they should not be deployed in London. I have no powers to regulate the use of live facial recognition in private spaces, but through the Emerging Technology Charter I provide clear guidance to both public and private sector organisations in London on how to implement innovative technologies in a way that is open and sustainable and which respects London’s diversity and keeps citizens’ data safe.

My Chief Digital Officer for London, Theo Blackwell [MBE], and I continue to promote these guidelines and encourage their adoption. On 8 October last year [2021], I adopted my Public London Charter. It sets out eight principles owners and managers of public spaces need to follow to ensure that any new public spaces in London are safe, accessible, and inclusive and my London Plan requires all development that creates new public space to be managed in accordance with the charter. The charter requires developers, managers, and landowners to only put in place rules restricting the behaviour of the public that are essential for safe management of the space. It sets out that public space should be managed to respect the privacy of all users, ensuring that the use of smart technologies in these spaces is properly justified, as well as being legal and compliant with the relevant codes of practice.

Thank you for your work on this already, Mr Mayor. I am concerned about the loss of privacy through biometric data. Potentially, if one were going to a supermarket, we are being recorded, collected, shared, stored, all of that data, when we are just going for a loaf of bread and Londoners deserve and need a spy-free shopping experience in their city. I have written to all the major supermarkets to ask them if they currently use live facial recognition technology, or if they are planning to use it in the future. This is here, Mr Mayor, this is dangerous, and it is already trickling into London. Now some of the supermarkets were brilliant and they have got back to me already to say they do not use it - shout out to Sainsbury’s, Waitrose, and Tesco, although other brands are available - but a fair few of them have refused to say. Now, the Government have failed to legislate on this so far. Would you agree with me, at the very least, that these supermarkets need to be transparent about the recording and use of data?

I have not seen the data so I cannot comment on whether that is a reasonable request or not, but we all want Assembly Member Polanski to be able to buy his loaf of bread and not worry about his privacy being infringed. I would remind him, though, that there is lots of closed‑circuit television (CCTV) and if we were speaking 20 or 30 years ago, he would not unreasonably be asking questions about transparency on CCTV. It is because of this challenge we have had improvements made around CCTV, and that is why he is so right to ask these questions, to get us the reassurance we need around transparency, what happens to the data, us being informed that it is being used, and so forth.

That is why it is important for people with an interest in this area, like Assembly Member Polanski, to continue to challenge those in the private sector and those in Government. I want to be an ally. I am more than happy for you to send me the letter. I can help in relation to getting the information because all the Member is asking for is transparency, all he is asking for is to know whether somebody who he does business with is using this technology, and that is not an unreasonable request. Why do we not speak offline about sharing your letter? We can see what we can do to get what I think is not an unreasonable question asked to people who we do custom with.

I really appreciate that. Anything you can do to champion this spy‑free shopping pledge would be excellent.

Now, we have spoken before about San Francisco banning live facial recognition technology and you said to me, quite rightly, that they have very different powers to London, and I agree. However, one power you do have ‑ and you just alluded to it ‑ is that power of guiding and influencing business. What are you and the Deputy Mayor for Business doing to make sure that we are championing good practice and condemning those who are spying, essentially?

Chair, I am very competitive and when Zack mentioned San Francisco and he dared to suggest that City X is better than London, I looked and spoke to colleagues in San Francisco to see what they were doing. I just want to rebut your point that another city is doing more than us. You are right, several United States (US) cities, including San Francisco, have ordinances in place, but the General Data Protection Regulation (GDPR) in our country trumps some of the ordinances they have. Also, even in San Francisco, it only applies to law enforcement or those technologies used by city agencies, not by private operators. In fact, I am looking forward to sharing my charter with San Francisco so they can learn from us about how we balance innovation with protecting our rights.

Thank you very much, Mr Mayor.