A guide to facial recognition at protests

In July 2023, Northamptonshire Police announced that they would be deploying live facial recognition at Silverstone Park on the weekend of the Grand Prix. This announcement was deeply alarming, not only because the force had never used the technology before but also because they explicitly stated that they planned to use the dystopian mass surveillance tool to target “illegal protests.”

As the right to protest is increasingly restricted, we expect that facial recognition technology will be deployed at large protests, and that protesters will be placed on watchlists.

Police use of facial recognition technology (FRT) broadly falls into three categories:

• Live facial recognition (LFR)
• Operator-initiated facial recognition (OIFR)
• Retrospective facial recognition (RFR)

The Metropolitan Police, Gwent Police and South Wales Police are the most prolific users of FRT, but other forces, such as Cheshire Constabulary and Northamptonshire Police, are introducing the technology.

If your custody image has ever been taken by the police, but your charges were dropped or you were found not guilty, you can apply to have your custody image deleted. We highly recommend you do so, to reduce the likelihood of your facial biometrics being retained (unlawfully) and used in facial recognition watchlists.

If you are flagged by facial recognition technology (correctly or incorrectly), we urge you to get in touch so we can provide advice and legal support.

Live facial recognition

Live facial recognition identifies people in real time, using AI-powered surveillance to compare a live CCTV feed against a watchlist. Everyone who passes in front of the camera will have their face scanned and their ‘face print’ processed.

Police forces may deploy facial recognition vans (this is currently most common method of deploying the technology) or run LFR through CCTV cameras. The camera’s feed will be viewed by operators, who receive an alert when the technology makes a potential match between someone on the CCTV feed and an individual on the watchlist.

Police forces will usually warn the public that they are deploying LFR on social media and and their website. At large events (e.g. a concert or sporting event), police forces have typically given 24 hours notice, although this is not guaranteed. For deployments not linked to a large event, police forces usually give very limited notice.

Police must display signs indicating that LFR is in use around the ‘zone of recognition’ (the area in which the camera system starts to pick up faces). Facial recognition vans will have a camera on top of the van and should also have ‘Live Facial Recognition’ stickers or have ‘facial recognition fitted’ printed on the back and sides.

You are entitled to cover your face and avoid the zone of recognition. Police may ask you why you have decided to do this, but they cannot obligate you to walk through the camera’s field of vision.

If you see a facial recognition van at a protest, alert others and contact Big Brother Watch. If possible, please note:

• The location of the van
• How many uniformed and/or plainclothes officers there are
• Where the signs are placed and how visible they are to the public

If you are flagged by the technology, you will be approached by police officers, asked to show ID and may have your fingerprints scanned with a mobile scanner. It is important to note that individuals can be placed on a facial recognition watchlist for a variety of reasons, not only if they are wanted for a criminal offence. Associates, victims and witnesses can be placed on watchlists, as well as people who might cause ‘harm’ to themselves or others.

If you are identified and stopped due to facial recognition, whether correctly or incorrectly, please get in contact with Big Brother Watch as soon as possible. We are keen to hear from people who have been impacted and may be able to provide you with legal and/or media support.

Retrospective facial recognition

All police forces have access to the Police National Database (PND), which has a ‘Face Search’ capability, allowing officers to search faces from images or videos against custody images from across the UK. However, problems with the technology mean some forces, including South Wales Police and Cheshire Constabulary, are investing in their own retrospective facial recognition systems. Police forces’ systems search against their own custody images databases, although some police forces have proposed also searching against watchlists made up from social media images.

As this technology is not used in real time, individuals may not be aware that it has been used. Protesters should be aware that images or videos taken of them by police (or others) can be run through RFR systems at a later date in an attempt to identify them.

Operator-initiated facial recognition

Cheshire, South Wales Police and Gwent Police are also using operator-initiated facial recognition – which is facial recognition software run through a mobile device, enabling officers to conduct on-demand identification. Like RFR, images captured by an officer are run through the force’s custody image database and a missing persons list.

A police officer should inform you before using OIFR to search for your face. It may be used if you refuse to provide your details, if an officer believes you are lying about your identity, or if you cannot provide information due to a language barrier, learning difficulty or intoxication. A lawful basis is required to make use of OIFR, such as if an individual is reasonably suspected of committing a criminal offence or being unlawfully at large. You should ask and record for what reason and on what legal grounds an officer is undertaking an OIFR scan. Police policy states that officers should not use force to obtain an OIFR scan.

If you are subject to an operator-initiated facial recognition scan, please get in touch with Big Brother Watch, regardless of the outcome. The use of this technology in policing is in its early stages, and information about how it is being used is critical for campaigners.

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