Bridges, R (On the Application Of) v South Wales Police

Bridges, R (On the Application Of) v South Wales Police

The legal framework governing the use of AFR Locate by South Wales Police was insufficiently clear and precise, leaving too much discretion to police officers regarding who could be placed on watchlists and where AFR could be deployed, thus failing the 'in accordance with the law' requirement under Article 8(2) ECHR. The Data Protection Impact Assessment did not adequately assess risks or mitigation measures as required by section 64 of the Data Protection Act 2018. South Wales Police failed to fulfil the Public Sector Equality Duty by not adequately considering potential indirect discrimination in the AFR software.

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 Judgment
Outcome
Appeal allowed in part
Legal Topics
Automated Facial Recognition, Article 8 ECHR, Data Protection Impact Assessment, Public Sector Equality Duty, Surveillance Camera Code, Sensitive Processing, Law Enforcement Processing
Constitutional Law Human Rights Law Data Protection Law Equality Law Administrative Law Automated Facial Recognition Article 8 ECHR Data Protection Impact Assessment +4 more

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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 Judgment

Legal Issues

  1. 1 Whether the use of live automated facial recognition technology by South Wales Police was lawful under Article 8 ECHR
  2. 2 Whether the Data Protection Impact Assessment complied with section 64 of the Data Protection Act 2018
  3. 3 Whether the Public Sector Equality Duty under section 149 of the Equality Act 2010 was fulfilled

Ratio Decidendi

The legal framework governing the use of AFR Locate by South Wales Police was insufficiently clear and precise, leaving too much discretion to police officers regarding who could be placed on watchlists and where AFR could be deployed, thus failing the 'in accordance with the law' requirement under Article 8(2) ECHR. The Data Protection Impact Assessment did not adequately assess risks or mitigation measures as required by section 64 of the Data Protection Act 2018. South Wales Police failed to fulfil the Public Sector Equality Duty by not adequately considering potential indirect discrimination in the AFR software.

Court Disposition

Appeal allowed in part

Orders

  • Declaration that the use of Live Automated Facial Recognition technology was not in accordance with the law for Article 8(2) ECHR.
  • Declaration that the Data Protection Impact Assessment did not comply with section 64(3)(b) and (c) of the Data Protection Act 2018.