To ask His Majesty’s Government what assessment they have made of the safeguards necessary for the use of facial recognition technology by the police.

The Government commenced a consultation on 4 December on the use of facial recognition technology. There is an established legal basis for the use of facial recognition technology by the police, but the Government intend to bring forward a new bespoke legal framework to provide clearer, more specific rules. Through the consultation, we want to hear views on when and how facial recognition should be used and what safeguards and oversight are needed.

I thank the Minister for his Answer, but does he now accept that the police’s facial recognition algorithm has been flawed? It has been racially biased and biased against women. Actually, it should be stopped until it can be improved.

The Government recognise that the algorithm needs to be examined, and that is why we have asked His Majesty’s Inspectorate of Constabulary to present an urgent report to the Government on the mechanisms of the algorithm. In the meantime, facial recognition technology is a useful tool. If missing people walk past a facial recognition van, they can be identified. If people are on a wanted list, they can be identified. If people appear on a Ring doorbell, they can be put against a facial recognition database to see whether they have committed an offence and be further questioned. There are good things about that, but the consultation is about how we can better regulate it. HMCIC will look at how we can deal with the issues with the algorithm over the next few months.

My Lords, notwithstanding their being of the party that introduced the ground-breaking and vital Police and Criminal Evidence Act 1984, the previous Government allowed the mushrooming of police use of this technology with no express and specific statutory authorisation. Does my noble friend the Minister agree that it is unacceptable, for both democracy and the rule of law, to roll out this technology further, however useful it is, without an Act of Parliament?

My noble friend raised the issue, but I maintain that it is a valuable use of resources to help with crime prevention. We have organised a consultation, which opened on 4 December. My noble friend and anybody else can submit evidence or comments to that consultation over the next 10 weeks. When it is complete, the Government will assess the regulatory framework. We already intend to establish an oversight body to examine how that regulation will operate, which will require further work by the Government.

My Lords, the Court of Appeal has decided that the use of facial recognition is lawful. Equally, and to reassure everybody, the Minister is probably right to have a consultation. Facial recognition is far better at spotting people than people are. Even though it can fail at times, it is far better than any individual. It has two uses, one live and one retrospective; this was a complaint about retrospective use. The noble Baroness, Lady Jones, has a point and of course it needs to be fair. It should not discriminate by race, but I was a little surprised to see some of the evidence that was offered, because we had been reassured that it is fair. It is wise to examine it, but I would do so from the point of view of making it work, because it is a really effective tool to stop crime that we should not throw away. Does the Minister agree?

I agree with the noble Lord. When facial recognition technology is used retrospectively, it is not usually the sole piece of evidence brought either before the police for potential referral to the CPS or before the courts. It is one aspect of the evidence. It is important that we have the ability to use facial recognition but, quite rightly, His Majesty’s Inspectorate of Constabulary is looking at the issues raised by the noble Baroness, Lady Jones of Moulsecoomb. There is also a consultation to which any Member can make any representation about the use or regulation of that technology. Ultimately, however, it is a crime fighting tool that can also—it is worth remembering—find missing people who happen to walk past a facial recognition camera and who may not know that they are considered missing. That is also an important tool.

My Lords, I am very grateful for the Minister’s response in which he said that legislation and regulation are important. It is overdue by eight years, to be precise, during which the Home Office, under various Governments, had the worrying view that existing legislation is up to the job. Why is the consultation so focused on police use of facial recognition, when it has also had rapid and uncontrolled growth in the private sector? Frankly, it is the Wild West on the high street, which can have life-changing consequences for some innocent shoppers. Will the Government undertake to look at the private sector as well?

The noble Baroness can make representations on those matters as part of the consultation. We are looking at the public sector because we are the Home Office and are responsible for policing. That is therefore the issue that we are examining. There need to be some safeguards, regulation, and an understanding of and groundwork for that. I can tell the noble Baroness that nobody who is innocent of an offence needs to worry about facial recognition technology—nobody. That is why we are looking at these issues. I will defend facial recognition technology at this Dispatch Box and elsewhere. The consultation is there to allow this House and others to make their views known on what is an effective tool in crime fighting. The noble Baroness is shaking her head, but I ask her: if somebody who is guilty of a crime and on a wanted list walks past a facial recognition camera, should they not be arrested?

My Lords, recognising what the Minister said about consultation, I ask him what the Government’s strategy is for a rollout of facial recognition in the UK. Do they have plans to roll out facial recognition to all forces across the country? If so, will they publish comprehensive guidance to ensure that that rollout is smooth and, as we have heard today, that all necessary safeguards are put in place?

The Government have invested over £12 million in supporting the development of facial recognition technology and have supported local forces in doing that. Ultimately, this is a decision for local forces at the moment. We want to see the outcome of the consultation, but I think that that it is an important use of technology to help prevent crime, catch criminals and find missing people. It is also used by police officers on their body-worn cameras to identify individuals when they say they are somebody but, actually, it can be proved that they are not. It is important tool, but the key questions are how we safeguard it, how we put regulations around it and what body will examine those regulations. We are looking at those in the consultation and I will take any representations from the noble Lord as part of that.

My Lords, I welcome what the Minister said about the importance of safeguards. He will have seen the report last week from Liberty and the Times, which found that, across 43 regional police forces, children as young as 12 have been caught by facial recognition. Will he confirm that he will talk directly to Dame Rachel de Souza, the Children’s Commissioner, who has expressed concern about this, and that the specific position of children, and their safeguarding and protections, will form an important part of the consultation?

Yes, my Lords.

My Lords, given that facial recognition is already in use, what reassurance can the Minister give to particular communities who feel they have been overpoliced with it? We have already heard that the algorithm is biased against women and people from ethnic minority communities. In addition, what can he do about protecting people’s data? When will these files be erased once someone has been proven innocent or not?

The first point the noble Lord mentions is extremely important, and is why we have asked His Majesty’s Inspectorate of Constabulary to examine the very issues he has raised. It will report to us shortly, in line with the consultation, which is running in parallel.

On data retention, data is used against known databases. If an individual is missing but is wanted for a crime, that can show up on a database and the facial recognition can work on that. If an individual says they are Mr Jones of X but the police body-worn camera says they are not and are somebody else, that can be used against existing database material. If somebody commits a crime and is caught on a Ring doorbell or CCTV, the facial recognition technology can match the individual, who has potentially been arrested, with the original crime. It is not for general use against the public at large but for use against specific individuals who have specific reasons to fall within the database that is used by facial recognition.

My Lords, could the Minister say whether this will extend to the use of drones, which are being used privately and publicly?

That is a very interesting question. The Home Office is examining the use of drones and how they can be used in relation to a range of matters. If my noble friend will allow me, that matter is important in the context of the Question but is also potentially tangential to it. I will examine what he said and we will discuss it further.

My Lords, will the Minister explain how the Government will assess and balance other liberties, such as privacy and the right to be anonymous? He rightly pointed out that this technology might be aimed at targeting the bad guys or missing people, but it requires mass surveillance. How does the Home Office seek to protect the innocent Majority of people from undue state observation, surveillance and, actually, an attack on their rights?

First, there is a consultation about the very issues the noble Baroness raises and oversight of the technology. Secondly, this is not about individuals who are not known to the police; it is about individuals who are on a watch-list who might be wanted, individuals who have already committed a crime who are trying to be matched with a facial recognition camera, or verification from a body-worn camera along the lines that the noble Lord, Lord Hogan- Howe, mentioned. The noble Baroness should put her comments in the consultation and be reassured that this is about a select group of people before facial recognition technology.