Facial Recognition searches

Freedom of information request reference no: 01.FOI.23.034648

I note you seek access to the following information:

I am writing to request the following information relating to your use of facial recognition database searches, for each of the Police National Database, passport database, DVLA database, immigration database and EU Settled Status Database:

1. A copy of the legal mandate for facial recognition searches against each of these databases
2. A copy of any data protection impact assessment made for searching each of these databases
3. A copy of any document setting out the threshold [e.g indictable offence, notifiable offence] before these databases can be searched
4. The name of the manufacturer of the software used in each search, if known

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 21(1) – Accessible via other means
Section 22(1)(a) – Information intended for future publication

Reason for decision

Section 21(1) – Accessible via other means - of the Act provides public authorities with an exclusion from the duty to disclose information, under Section 1(1)(b) of the Act, when the information requested is reasonably accessible to the applicant. This exemption is accordingly claimed in respect of the information requested that is already published. Where information is already in the public domain we are not required to re-publish the data, instead, public authorities are required to direct you to the information, which we have done in this instance.

Section 22(1)(a) – Information intended for future publication - this section of the Act provides public authorities with an exclusion from the duty to disclose information under Section 1(1)(b) of the Act, when the information is held with a view to its publication by any person, at any future date (whether determined or not).

The Met has a process for both identifying and publishing police information that is of public interest. This is an established process that is primarily designed to engage the general public in the work of the police service but importantly, also serves to reduce the financial and administrative costs of responding to requests for information under the Act.

The Met receives a considerable number of requests for information that is due to be published. It would be both administratively and financially prohibitive to collate information and respond to individual requests, when the information requested will be published in the near future. This is particularly relevant in this case, as this information is intended for future publication by the NPCC.

When a request for information is made to which an exemption under the Act applies, we must determine whether the exemption should be claimed and, in the case of exemptions that are qualified, we must determine whether release is in the public interest.

Section 22 of the Act has been applied because the NPCC has scheduled this information for future publication. For this reason, I consider that the financial and administrative cost of attempting to collate data separately at this stage would be contrary to the public interest. I have also considered that the identified public interest factors favouring disclosure will be satisfied upon publication of this information.

As outlined above, I also believe that it would be inefficient and financially prohibitive for the Met to respond to individual requests for information when the information sought is scheduled for publication.

For these reasons, it is not in the public interest to disclose the requested information at this time and I have accordingly refused this request for information.

Disclosure

The MPS has access to PND, however, there is no connectivity between the Met Police and the other databases mentioned in your request (Passport database, DVLA database, Immigration database and EU Settled Status Database). Therefore, the information requested in relation to these databases is not held by the Met.

Please also note that facial recognition relevant to this request concerns Retrospective Facial Recognition (RFR) only.

Q1 - A copy of the legal mandate for facial recognition searches against each of these databases

The Code of Practice On the Operation and Use of the Police National Database (publishing.service.gov.uk) states the following:
The PND is to be used solely for policing purposes. The Police National Database Codes of Practice (2010) defines policing purpose as;
• Protecting life and property
• Preserving order
• Preventing the commission of offences
• Bringing offenders to justice
• Any duty or responsibility arising from common or statute law

As such, Facial searches on the PND must be for a policing purpose and be compliant with any other legal obligation including: a) the Data Protection Act 1998; b) the Human Rights Act 1998; and c) the common law duty of confidence.

Please note that these Codes are already available in the public domain and I have included the link above for your reference. The Section 21 exemption applies to this question.

Q2 - A copy of any data protection impact assessment made for searching each of these databases

The NPCC (National Police Chiefs’ Council) is in the process of creating a DPIA which is currently incomplete. However, this is intended for future publication and the Section 22 exemption therefore applies.

Q3 - A copy of any document setting out the threshold [e.g indictable offence, notifiable offence] before these databases can be searched

This question is answered in 1 above.

Q4 - The name of the manufacturer of the software used in each search, if known

The software manufacturer is COGNITEC.