The Science and Technology Committee has today published its
report, Biometric strategy and forensics services.
The report states that the Government’s approach to the deletion
of images of innocent people is unacceptable, and questions the
legality of the Police’s ‘deletion on application’ (rather than
automatic) process. Furthermore, it calls on the Government to
reproduce a new Forensics Strategy, based on inadequacies in the
previous Strategy which were highlighted in the recent Randox
case.
Biometrics
The report notes:
- The 2012 'RMC' ruled that it is unlawful to hold custody
images without making a distinction between those who are
convicted and those who are not, but the Home Office has not
introduced an automatic deletion system, reflecting current
weaknesses in IT systems and a concern about the potential cost
of a comprehensive manual deletion process.
- The Government's approach is unacceptable because unconvicted
individuals may not know that they can apply for their images to
be deleted, and because those whose image has been taken should
not have less protection than those whose DNA or fingerprints
have been taken.
- There are important ethical issues involved in the
collection, use and retention of facial images in particular
because they can easily be taken and stored without the subject’s
knowledge and because various image databases already include 90%
of the adult population between them.
- The Government-promised Biometrics Strategy should also set
out the Home Office’s assessment of the lawfulness of its
deletion-on-application process, and the legal advice
underpinning that assessment.
, Chair of the Science and
Technology Committee, said:
In the four years since the Government promised to produce a
Biometrics Strategy, the Home Office and Police have developed a
process for collecting, retaining, and reusing facial images that
some have called unlawful.
“Large scale retention of the facial images of innocent
people amounts to a significant infringement of people’s liberty
without any national framework in place and without a public
debate about the case for it. The Government must urgently set
out the legal basis for its current on-request process of
removing images of innocent people. It is unjustifiable to treat
facial recognition data differently to DNA or finger print
data”
“It should urgently review the IT systems being developed and
ensure that they will be able to deliver an automated deletion
system, or else move now to introduce comprehensive manual
deletion that is fit for purpose.
Forensics
The report notes:
- Concerns about the sustainability of the forensics market
have continued, with the collapse of private sector providers* in
recent months. The Police are unduly focusing on cutting costs,
leading to the fragmentation of testing.
- Accreditation of forensics providers remains vitally
important in maintaining the confidence of the courts and the
public in the evidence used in the criminal justice system, but
not all providers are meeting the Regulator's accreditation
deadlines. The Randox case last year has demonstrated the
importance of all forensic providers becoming fully accredited
and the need for rigorous auditing of standards compliance.
- The Forensics Strategy requires re-evaluation. The Government
should revise, re-issue and consult on a new version, and in
doing so address the forensics requirements of the civil courts,
as well as the criminal justice system, and how the Regulator's
role could be extended into that area.
, Chair of the Science and
Technology Committee, said:
“The police are prioritising low price forensics over
maintaining high standards where forensics providers have a
sustainable future and where tests related to court cases are not
fragmented between individual forensics labs.
“The Government should produce a new Forensics Strategy that
addresses the real concerns over testing fragmentation and
provider accreditation, as was highlighted in the Randox fiasco
last year.”
* The Forensics Telecommunications Services ceased
trading in 2017, the Key Forensics Services almost collapsed,
before being sold on, in Jan 2018, Contact Traces closed in 2017.
