POLICE Scotland's consideration to use live facial recognition technology is “not justifiable” and would be a “radical departure” from the force's policy to police by consent, SNP members have said.
A motion, which is set to be voted on by party delegates at the upcoming national conference in Aberdeen in October, has called on Police Scotland not to invest in the technology and that it should not be allowed in Scotland without primary legislation passed by the Scottish Parliament.
In April, Police Scotland, along with the Scottish Police Authority and the Scottish Biometric Commissioner, said they were seeking opinions from the public on the use of live facial recognition.
The force launched a survey seeking the views of people on the use of the technology, and stated that it was not a consultation, but rather an ongoing “public conversation”.
The SNP's equalities convener Sadie Matthews lodged the motion with backing from the Southside Central Branch, Out for Independence, Disabled Members Group and Young Scots for Independence.
It comes after the technology has been rolled out across England and Wales since 2016. It has been subject to repeated legal challenges, with the courts finding the use of the technology in breach of privacy rights, data protection and equality laws.
This week, the Equalities and Human Rights Commission (EHRC) warned that the Metropolitan Police's use of live facial recognition technology breaches European human rights legislation.
The watchdog added that the forces' implementation of the technology “falls short” of appropriate safeguards and puts democracy at risk, adding that using the system could have a “chilling effect” on privacy and freedom to assemble.
Along with the EHRC, the Scottish Human Rights Commission, and a range of human rights organisations have criticised the technology and say it poses a threat to the European Convention rights to privacy, to freedom of expression, to freedom of assembly, and to non-discrimination.
The SNP conference motion, seen by The National, said that any legislation passed by the Scottish Government regarding the technology should be compatible with the Human Rights Act and the European Convention on Human Rights
It said: “Conference affirms the work of the Scottish Parliament Sub-Committee on Justice and Policing, who studied this issue in 2020 and concluded that there was ‘no justifiable basis for Police Scotland to invest in this technology’ and that doing so would ‘would be a radical departure from Police Scotland’s fundamental principle of policing by consent’.
“Conference therefore resolves that: Police use of Live Facial Recognition technology should not be allowed in Scotland without primary legislation passed by the Scottish Parliament.
“Any legislation should be compatible with the Human Rights Act and the European Convention on Human Rights; and This legislation should be compatible with the European Union Artificial Intelligence Act’s restrictions on use of Live Facial Recognition technology.”
The European Union recently adopted the Artificial Intelligence Act, which aims to tighten the use of technologies that pose an “unacceptable” or “high” risk to fundamental rights, including the use of Live Facial Recognition technology by police.
At a meeting of the Scottish Police Authority on Thursday, Deputy Chief Constable Jane Connors said she understands that people need further assurances and reassurances about how the technology will be used, along with what checks would need to be carried out to operate it.
She added there are a lot "more steps to take", but will move ahead with the “detail work” around using the technology.
