AQW 48227/22-27 – Live facial recognition technology

Mr Patsy McGlone (Mid Ulster): To ask the Minister of Justice to detail (i) any safeguards that are in place to ensure (a) lawful; and (b) proportionate use of live facial recognition technology by the PSNI; and (ii) any data that is collected through the use of live facial recognition technology by the PSNI, including (a) where that data is stored; and (b) for how long it is retained.

Minister of Justice: (i) The Data Protection Act 2018, in particular Part 3, Law Enforcement Processing, puts in place safeguards for the lawful and proportionate use of data by law enforcement agencies. Additionally, in June 2021, the Information Commissioner’s Office (ICO) issued a report, “The Use of Live Facial Recognition Technology in Public Places.” It provides a detailed explanation on how the law applies and details the ICO’s regulatory approach to Live Facial Recognition (LFR) to help provide consistent, clear, and predictable guidance to those who might seek to use LFR. The Department shared this report with the PSNI in June 2021.

At Consideration Stage (2 June 2026), the Assembly agreed an amendment to the Justice Bill, tabled by the Committee, introducing a regulation-making power for the retention and use of custody photographs. Officials will take forward the development of these regulations, taking account of relevant developments in England & Wales, and Scotland, and the need for any additional safeguards.

(ii) Use of LFR technology by the PSNI is an operational matter. The PSNI is operationally independent and is accountable to the Northern Ireland Policing Board. Any questions in relation to the PSNI’s use of LFR should be directed to the Chief Constable or the Policing Board.

ENDS