"Amid the growing calls for the complete prohibition of the use by law enforcement authorities of live facial recognition (LFR) technology in public spaces, this article advocates for an incremental approach to regulating the use of the technology," writes Dr Asress Adimi Gikay of Brunel Law School, in his latest research article published in The Cambridge Law Journal.
Dr Gikay analyses legislative instruments, judicial decisions, deployment practices of UK law enforcement authorities, various procedural and policy documents, as well as available safeguards. He suggests incremental adjustments to the existing legal framework instead of sweeping regulatory change.
Key recommendations:
- It is recommended to adopt national legal rules governing watch lists and introducing spatial, temporal and contextual limitations on the deployment of technology based on the assessment of proportionality and necessity.
- It is neccessary to enhance the effectiveness of overt surveillance using LFR, adopting a transparency procedure that promotes accountability without undermining the objectives of law enforcement.
- Alternatively, the overt use of the technology should be limited to deterring the commission of crimes and safeguarding public safety, where transparency does not undermine its effectiveness.
- Limiting the scope of overt use of LFR technology entails that law enforcement agencies primarily utilise covert surveillance, with prior judicial approval, except in urgent cases, as this would improve effective criminal investigation and public safety.
- The legal adjustments proposed in this article can be implemented through flexible secondary legislation or local policies, rather than rigid statutory rules.