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    Automatic facial recognition and the intensification of police surveillance

    Keenan, Bernard (2021) Automatic facial recognition and the intensification of police surveillance. Modern Law Review 84 (4), pp. 886-897. ISSN 1468-2230.

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    Abstract

    In R (on the application of Bridges) v Chief Constable of South Wales Police [2020] EWCA Civ 1058 the Court of Appeal held the deployment of live automated facial recognition technology (AFR) by the South Wales Police Force (SWP) unlawful on three grounds. It violated the right to respect for private life under Article 8 of the European Convention on Human Rights (ECHR) because it lacked a suitable basis in law; the Data Protection Impact Assessment carried out under section 64 of the Data Protection Act 2018 was deficient for failing to assess the risks to the rights and freedoms of individuals processed by the system; and SWP failed to fulfil the Public Service Equality Duty (PSED) imposed by section 149 of the Equality Act 2010 by failing to assess whether or not the software used in the AFR system was biased in relation to sex and race.

    Metadata

    Item Type: Article
    Additional Information: This is the peer reviewed version of the article, which has been published in final form at the link above. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Depositing User: Bernard Keenan
    Date Deposited: 04 Mar 2021 11:21
    Last Modified: 02 Aug 2023 18:08
    URI: https://eprints.bbk.ac.uk/id/eprint/43209

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