lawsuitFiled

Court of Appeal (Civil Division) v. South Wales Police

August 11, 2020 · United Kingdom

In R (Bridges) v Chief Constable of South Wales Police, the Court of Appeal held that the force's use of automated live facial recognition (AFR Locate) was unlawful — breaching the right to respect for private life (Article 8 ECHR), data-protection law, and the Public Sector Equality Duty, because the police had not adequately assessed whether the technology produced racial or gender bias. It was the first binding ruling by a senior court anywhere against police live facial recognition.

Key takeaway — how to prevent this

Biometric data (faces, iris, fingerprints) needs an explicit lawful basis or consent. Scraping or capturing it without one is unlawful across the EU/UK and many US states (e.g. Illinois BIPA) — and draws the largest fines.

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