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Automated Facial Recognition Technology (Moratorium and Review) Bill [HL]

Current Stage: 2nd reading

Last updated: 05/05/2021

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Overview

This bill proposes a temporary ban (moratorium) on the use of automated facial recognition technology (AFRT) in public spaces across the UK. It also mandates a comprehensive review of AFRT's use, considering its impact on human rights, data protection, accuracy, and the regulatory framework.

Description

The bill establishes a moratorium, making it a criminal offence to operate, install, or commission AFRT equipment in public places. This applies to any equipment capable of automatically identifying faces from images, regardless of when the identification occurs. The definition of "public place" is broad, encompassing any location accessible to the public. Exceptions are made for activities already authorized under existing surveillance laws. Penalties for violations include fines and/or imprisonment (up to 51 weeks in England and Wales, 6 months elsewhere).

Review of AFRT

The bill requires the Secretary of State to commission a review of AFRT use within three months of the bill's passage. This review, conducted by an independent panel, must report within one year. The review's scope includes assessing the equality and human rights implications, data protection issues, the technology's accuracy, and the adequacy of the current regulatory framework. The review will also make recommendations, including whether the moratorium should be lifted. Parliament must approve the review's terms of reference before the review begins.

Government Spending

The bill will lead to government expenditure on commissioning and conducting the review of AFRT. The exact cost is not specified in the bill but is likely to involve paying for the review panel's work and associated administrative costs.

Groups Affected

Groups affected include:

  • Law enforcement agencies: Their use of AFRT in public spaces would be restricted during the moratorium.
  • Private companies: Companies using AFRT in public spaces would face legal penalties.
  • Civil liberties groups: These groups would be impacted positively through the moratorium and negatively or positively based on the findings of the review.
  • The public: Their privacy and data protection rights are at the forefront of the bill's concerns, potentially impacting their experience of public spaces.
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