Police use of automatic facial recognition systems: Commentary on the judgment of the High Court of Justice of England and Wales of September 4th, 2019

Comentario a la sentencia del Alto Tribunal de Justicia de Inglaterra y Gales de 4 de septiembre de 2019

Abstract

This paper analyses a recent judgment from the High Court of Justice regarding the use of automated facial recognition (AFR) at public events by police forces. In particular, the judgment focuses on the questions whether the use of such technique might be contrary to article 8 of the European Convention on Human Rights (right to respect for private and family life), whether this instrument is compatible with the legislation on personal data protection and whether it has a bias towards certain groups of people that might be in conflict with the equality principle. Concerning the first issue, the author reaches the conclusion that the automated facial recognition represents an interference with the claimant´s rights under the ECHR, analyzing its necessity and proportionality. Regarding the second question, the paper states that the AFR uses personal data that are particularly sensitive; nevertheless, its use seems to be in accordance with the law. Finally, the judgment concludes that the existence of an ethnic or gender bias in the use of the AFR cannot be asserted. The Peruvian legislation on these issues is highly considered through the whole study.