Retrospective Facial Recognition
Freedom of information request reference no: 01.FOI.22.022487
I note you seek access to the following information:
This request relates to the use of Retrospective Facial Recognition (‘RFR’) by your police force. By RFR, we mean a two-step use of facial recognition technology. The first step is the collection, not necessarily for the purpose of facial recognition, of images and/or dynamic video which include the faces of unknown subjects. The second step is the use of facial recognition technology to compare those images or video clips against any form of database, watchlist or other record, in order to identify (or assist with the identification of) those unknown subjects. When using live facial recognition, the two steps happen near-simultaneously. RFR is characterised by a time-lag between the two steps. For the avoidance of doubt, by a ‘time-lag’ we mean any amount of time, no matter how short, which results in the technology not being characterised as live facial recognition technology.
Please answer the following question:
1. Is your police force is currently trialling and/or using any form of RFR technology, and does it have plans to do so in the future?
If the answer to question 1 is yes, please provide the information requested below in respect of each use of RFR technology that is or will be trialled and/or used.
2. The name and purpose of that use of RFR technology.
3. The date on which that RFR technology was first used/trialled and:
4a. in respect of any trial, how long the trial period lasted or will last, the criteria against which any trial is being assessed, together with any analysis of the results of such a trial;
b. any decision to permanently roll out that use of RFR technology; and
c. how many times that RFR technology has been used since the conclusion of any trial.
5. A description of the scope and operation of that RFR technology in use, and in particular:
a. the nature and source(s) of the images and/or video feeds of unknown subjects fed into the RFR technology, and whether there is any limit on the nature or source of those images and/or video feeds;
b. the nature and source(s) of the database(s)/watchlist(s)/other record(s) used by the RFR technology to identify (or assist with the identification of) the unknown subjects, and whether there is any limit on the nature or source of those database(s)/watchlist(s)/other record(s);
c. the number of images and/or the number of minutes of video feed that have been fed through the RFR technology during any trial and/or its use;
d. whether any biometric or personal data are retained, and if so for how long, relating to the subjects who are:
(i) identified by the RFR technology as having been matched; and
(ii) not identified by the RFR technology as having been matched; and
e. if biometric and personal data are deleted after the RFR technology has processed them, please confirm that they are deleted immediately and permanently. If this is not the case, please describe how, why, where and for how long they are retained.
6. Any guidance/policies/standard operating procedures relating to your police force’s use/trial of the RFR technology. Please confirm whether each document provided has been published.
7. Any Privacy Impact Assessment, Data Protection Impact Assessment, Equality Impact Assessment or any other impact assessment conducted in relation to this RFR technology, together with the dates on which each such assessment was conducted. If no such assessments were conducted, please confirm this.
8. Any documents or information detailing how your police force considers that it is complying with S149 Equality Act 2010 in relation to the trial/use of this RFR technology, in particular how your police force has investigated whether it has the potential for bias against people with protected characteristics under the Equality Act 2010.
Decision
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 22(1) - information is held by the public authority with a view to its publication at some future date
Reason for decision
Section 22 exemption applies when the public authority must, at the time of the request, hold the information and intend that it or ‘any other person’ will publish it in future. This means that it must have a settled expectation that the information will be published at some future date.
We have reviewed the references to RFR in the request and consider that the use case described in your request most closely resembles is that of “Retrospective Facial Recognition” as defined in our “Terminology Overview” document. In accordance with our duties under S.16 to advise and assist, we have used this definition to respond to your request. If this is not in accordance with your wishes please would you let us know at your earliest opportunity.
Disclosure
Q1 - Is your police force is currently trialling and/or using any form of RFR technology, and does it have plans to do so in the future?
If the answer to question 1 is yes, please provide the information requested below in respect of each use of RFR technology that is or will be trialled and/or used.
The FOIA does not require the production of new information, however under S.16 (which sets out public authority’s duty to advise and assist FOI applicants):
We can confirm our plan to use the NEC RFR system.
The MPS has been using PND's RFR capability since 28/03/2014 and continues to do so. However, this system is owned by the Home Office so FOI requests relating to PND should be directed to the Home Office.
For claritication can be found here: MPS definition for the term “RFR”
Q2 - The name and purpose of that use of RFR technology.
The FOIA does not require the production of new information, however under S.16 (which sets out public authority’s duty to advise and assist FOI applicants):
We can confirm the name is “NEO Face Reveal”
The purpose of the technology is to detect and prevent crime and to keep the public and police officers safe.
Q3 - The date on which that RFR technology was first used/trialled and:
The FOIA does not require the production of new information, however under S.16 (which sets out public authority’s duty to advise and assist FOI applicants):
The NEC system has not yet been used/trialled.
See above with regards to PND.
Q4a - in respect of any trial, how long the trial period lasted or will last, the criteria against which any trial is being assessed, together with any analysis of the results of such a trial;
Q4b - any decision to permanently roll out that use of RFR technology; and
Q4c - how many times that RFR technology has been used since the conclusion of any trial.
The FOIA does not require the production of new information, however under S.16 (which sets out public authority’s duty to advise and assist FOI applicants):
We anticipate that these issues will be addressed in the content of a Data Protection Impact Assessment which is intended to be published prior to the operational use of the NEO Face RFR system.
Q5 - A description of the scope and operation of that RFR technology in use, and in particular:
Q5a - the nature and source(s) of the images and/or video feeds of unknown subjects fed into the RFR technology, and whether there is any limit on the nature or source of those images and/or video feeds;
5Qb - the nature and source(s) of the database(s)/watchlist(s)/other record(s) used by the RFR technology to identify (or assist with the identification of) the unknown subjects, and whether there is any limit on the nature or source of those database(s)/watchlist(s)/other record(s);
5Qc - the number of images and/or the number of minutes of video feed that have been fed through the RFR technology during any trial and/or its use;
Q5d - whether any biometric or personal data are retained, and if so for how long, relating to the subjects who are: (i) identified by the RFR technology as having been matched; and (ii) not identified by the RFR technology as having been matched; and
Q5e - if biometric and personal data are deleted after the RFR technology has processed them, please confirm that they are deleted immediately and permanently. If this is not the case, please describe how, why, where and for how long they are retained.
In relation to the use of NEC NEO Face Reveal, we anticipate that these issues will be addressed in the content of a Data Protection Impact Assessment which is intended to be published prior to the operational use of the NEO Face system, we therefore consider that this information is exempt pursuant to Section 22 of the FOIA.
We consider that application of this exemption is reasonable because the RFR system is still in development and therefore some aspects of the above request are yet to be finalised.
In any event, we do not necessarily hold information that respond to your questions and FOIA does not require the production of new information. As set out above, questions relating to PND would be better directed to the Home Office.
Q6 - Any guidance/policies/standard operating procedures relating to your police force’s use/trial of the RFR technology. Please confirm whether each document provided has been published.
Please see below link below which is to the published NPIA code of practice on the operation and use of the Police National Database.
Code of Practice - On the Operation and Use of the Police National Database
We anticipate that guidance and policies relating to use will be published prior to the operational use of the NEO Face system, we therefore consider that this information is exempt pursuant to Section 22 of the FOIA.
We consider that it is reasonable for this exemption to be applied at this time as such documents (to the extent they exist at all) have yet to be finalised.
Q7 - Any Privacy Impact Assessment, Data Protection Impact Assessment, Equality Impact Assessment or any other impact assessment conducted in relation to this RFR technology, together with the dates on which each such assessment was conducted. If no such assessments were conducted, please confirm this.
No finalised DPIA, Equality Impact Assessment has yet been completed in relation to the NEC NEO Face System. Please note that PIA’s are contained within an MPS DPIA.
It is the intention of the MPS to publish these documents prior to the operational use of the NEC NEO Face System, we therefore consider that this information is exempt pursuant to Section 22 of the FOIA.
8. Any documents or information detailing how your police force considers that it is complying with s149 Equality Act 2010 in relation to the trial/use of this RFR technology, in particular how your police force has investigated whether it has the potential for bias against people with protected characteristics under the Equality Act 2010.
As above, the MPS has not yet finalised an Equalities Impact Assessment in relation to the NEC NEO Face System. However, an EIA will be completed prior to the operational use of NEC NEO Face System. Pursuant to S.16, the applicant may find the approach taken to equalities issues in relation to Live Facial Recognition illustrative as to the intended approach.