BACKGROUND

From 2017 to 2019, the South Wales Policy carried out a trial of facial recognition technology. The trial consisted of mobile video cameras hooked up to facial recognition software to scan crowds for faces on a watchlist. The trials were conducted approximately 50 times at football and rugby matches, music festivals, and on city streets.

This trial was met with significant criticism from civil and privacy rights advocates because it was seen as a breach of privacy, and a highly unreliable source of data. For instance, 92% of the matches between facial surveillance and custody photographs were inaccurate.

A case was brought against the South Wales Police after Cardiff resident and civil rights activist Ed Bridges claimed the force had invaded his privacy and data protection rights by capturing and processing his facial features whilst he was shopping and when he was attending a defence industry exhibition. Bridges lost his first challenge, with the two judges ruling the technology was lawful. However, he won on Appeal, with the court ruling that the following policies were inadequate:

1. where the system could be used,

2. who could be put on a watchlist,

3. the quality of the data protection impact assessment,

4. research into whether the software met human rights and ethical design principles to avoid various forms of racial and gender bias.

The task are shown in the image below

1'I'our Task 1ir'ou have been hired to write a report detailing how the South Wales Police should update their CCT'IuIr Safety and Surveillance policy so that it addresses these four inadequacies recognised by the Court of Appeal. The South Wales police {and your assessors] have requested the report include the following: A. IClearly and coherently describe the case study; B. Describe the four inadequacies of their current policy listed above, and provide reasons as to why they need to be addressed: C. Describe at least one policy recommendation to address each of the four inadequacies. When describing your recommendations, identify and explain: I: How each recommendation addresses ethical design concerns outlined in the Beard EL Longstaff framework. Also flag some of the potential challenges in realising the policy recommendation. For instance, consider the primary values and priorities underpinning the actions ofthe South Wales policy, and the types of policy inadequacies that led to this activity. Also, draw on the principles in the B+L framework to consider how to create more ethical technology design and use, and some of the likely challenges they will encounter in enacting these recommendations. . How your policy applies a human rights approach, and what the governance and regulatory framework around the use of facial recognition by police should be. Draw on the principles and regulatory models outlined in the AHRC Human Rights and Technology Discussion Paper (Farthing et al., 2018). (Note that the UK has their own Human Rights governance frameworks. Please use the Farthing paper in this instance and apply as best you can to this context). For instance, what types of existing protections are there and what kind of legislative reforms might be needed? Similarly what co- and self-regulation mechanisms are available and what is the evidence for their mitigation of the technological risks? And how can other stakeholders support the South Wales Police to engage in the responsible use of Facial Recognition Technology? Some questions to consider may be, 'What kind of policies can tech companies implement to encourage ethical capture, use and monitoring of facial and other biometric data'? And, 'What kind of community consultation or education do you think local governments should carry out to develop the critical data literacy of citizens affected by Facial Recognition Technology? How each recommendation is grounded in critical thinking, current research, and best practice by referencing up to date research publications. For instance, if the policy recommends that CCTV cameras should be installed in certain areas for 'safety reasons', please reference peer reviewed research articles that illustrate the efficacy of CCTV cameras if creating a 'safer environment'. Also critically consider whether the costs associated with installing and maintaining CCTV cameras could be better used providing services that may prevent safety concerns in a particular area. E.g. shelters for the homeless or more lighting in dark urban areas. D. Write a conclusion summarising the case study issues, policy recommendations and future work