The Science and Technology Committee has expressed concern
regarding the current state of the Government’s approach to
biometrics and forensics in a Report published today.
Lack of progress
In the year since the Committee published its last Report on
biometrics and forensics, very little has been achieved by the
Government.
The Government has failed to show leadership and pass what is
ultimately an uncontroversial piece of legislation—the Forensic
Science Regulator Bill—which is vital for the effective
administration of justice. This is unacceptable.
The Committee recommends that the Home Office should apply for a
legislative slot for a Forensic Science Regulator Bill in the
next Parliamentary Session and not rely on backbench Members to
get the Bill through Parliament.
During this inquiry, the Forensic Science Regulator highlighted
that the situation had got worse in many respects. The Committee
remains seriously concerned about the long-term viability of the
market for forensic science services and the significant risk
that this poses to the effective functioning of a criminal
justice system.
As detailed in this Report, the fragility of the current
forensics market were starkly reinforced this June with the
cyber-attack on Eurofins Forensics Services (EFS).
Although the National Police Chiefs' Council (NPCC) suspended use
of EFS immediately and isolated police networks with urgent and
priority submissions diverted to alternative suppliers, capacity
was affected with a backlog of cases building (Eurofins deals
with over 70,000 criminal cases in the UK each year).
The Government actions to date do not appear to propose measures
that would adequately address many of the market stability
challenges in the forensic services market.
This Report recommends that the Government should work with the
Forensic Science Regulator to develop her proposals for a
National Forensic Science Capability, which would:
- focus
on those forensic disciplines where skills were threatened and/or
already insufficient; and
- ensure
that cyber security standards and protection are strictly
applied, and secure data back-up of information is routinely and
securely stored.
Facial recognition
This Report highlights growing evidence from respected,
independent bodies that the lack of legislation surrounding the
use of automatic facial recognition has called the legal basis of
the trials into question. However, the Government seems to not
realise or to concede that there is a problem.
The Committee calls on the Government to issue a moratorium on
the current use of facial recognition technology and no further
trials should take place until a legislative framework has been
introduced and guidance on trial protocols, and an oversight and
evaluation system, has been established.
Retention of custody images
Progress has also seemingly stalled on ensuring that the custody
images of unconvicted individuals are deleted. It is unclear
whether police forces are unaware of the requirement to review
custody images every six years, or if they are simply ‘struggling
to comply’.
Police forces should give a higher priority in the allocation of
their resources to ensure a comprehensive manual deletion process
of custody images in compliance with national guidance.
In turn, the Government should strengthen the requirement for
such a manual system to delete custody images and introduce
clearer and stronger guidance on the process. In the long-term
the Government should invest in automatic deletion software as
previously promised.
Rt Hon , Chair of the Science and
Technology Committee, said:
“The proper use, provision and regulation of biometrics and
forensics are key if the criminal justice system is to function
effectively.
“It is very concerning that the forensics market has, yet again,
come perilously close to collapse in the year since we published
our last Report. This only serves to exacerbate the continued
concerns my Committee and its predecessors have continually
voiced about the state of forensics in this country.
“The Government might claim to "strongly support" the Forensic
Science Regulator Bill but its actions do not meet its words. Now
is the time for action.
“The legal basis for automatic facial recognition has been called
into question, yet the Government has not accepted that there’s a
problem. It must. A legislative framework on the use of these
technologies is urgently needed. Current trials should be stopped
and no further trials should take place until the right legal
framework is in place.”
