Bridges, R (On the Application Of) v South Wales Police [2020] EWCA Civ 1058 (11 August 2020)

Bridges, R (On the Application Of) v South Wales Police [2020] EWCA Civ 1058 (11 August 2020)

The Court of Appeal held that the use of live automated facial recognition technology by South Wales Police was not in accordance with the law under Article 8(2) ECHR due to insufficient legal framework and guidance governing its use, including inadequate clarity on who could be placed on watchlists and insufficient oversight. The Court also found that the Data Protection Impact Assessment did not comply with section 64 DPA 2018, and that South Wales Police had not met the requirement for an appropriate policy document under section 42 DPA 2018. The Court further held that the Public Sector Equality Duty had not been adequately discharged, as the risk of indirect discrimination had not...

Citation
[2020] EWCA Civ 1058
Parties
Appellant/claimant: Edward Bridges; Respondent/defendant: Chief Constable of South Wales Police; Interested Party: Secretary of State for the Home Department; Intervener: Information Commissioner; Intervener: Surveillance Camera Commissioner; Intervener: Police and Crime Commissioner for South Wales
Jurisdiction
England and Wales
Judgment Date
11 August 2020
Procedural Posture
Judicial Review (appeal) / Court of Appeal (civil Division) Appeal From High Court (administrative Court)
Outcome
Appeal allowed in part
Legal Topics
Automated Facial Recognition, Article 8 ECHR (right to Private Life), Data Protection Act 2018, Equality Act 2010, Police Powers, Surveillance, Proportionality, Legal Framework for New Technologies
Public Law Human Rights Law Data Protection Law Equality Law Automated Facial Recognition Article 8 ECHR (right to Private Life) Data Protection Act 2018 Equality Act 2010 +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Edward Bridges

Appellant/claimant

Chief Constable of South Wales Police

Respondent/defendant

Secretary of State for the Home Department

Interested Party

Information Commissioner

Intervener

Surveillance Camera Commissioner

Intervener

Police and Crime Commissioner for South Wales

Intervener

Procedural Posture

Judicial Review (appeal) / Court of Appeal (civil Division) Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the use of live automated facial recognition (AFR) by South Wales Police is 'in accordance with the law' under Article 8(2) ECHR
  2. 2 Whether the use of AFR constitutes a proportionate interference with Article 8 rights
  3. 3 Whether the Data Protection Impact Assessment (DPIA) complied with section 64 DPA 2018

Ratio Decidendi

The Court of Appeal held that the use of live automated facial recognition technology by South Wales Police was not in accordance with the law under Article 8(2) ECHR due to insufficient legal framework and guidance governing its use, including inadequate clarity on who could be placed on watchlists and insufficient oversight. The Court also found that the Data Protection Impact Assessment did not comply with section 64 DPA 2018, and that South Wales Police had not met the requirement for an appropriate policy document under section 42 DPA 2018. The Court further held that the Public Sector Equality Duty had not been adequately discharged, as the risk of indirect discrimination had not...

Court Disposition

Appeal allowed in part

Orders

  • Declaration that South Wales Police's use of AFR Locate was not in accordance with the law under Article 8(2) ECHR
  • Declaration that the Data Protection Impact Assessment did not comply with section 64 DPA 2018