Concerns Garda surveillance law could introduce facial recognition technology

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Concerns have been expressed that the planned vast expansion of Garda’s surveillance powers will lead to the introduction of backdoor facial recognition technology.

The Garda Síochána (digital recording) bill 2021 will allow the use of body cameras by gardaí that will record their interactions with the public in certain circumstances.

The bill will also expand and clarify Garda’s use of video surveillance and allow Gardaí to access live video surveillance feeds from third parties. They will also be able to access automatic number plate recognition (ANPR) devices operated by third parties.

The legislation was discussed before the Oireachtas Joint Committee on Justice, which heard concerns and comments from the police authority, the Data Protection Commission (DPC), the representative association of the Garda and the Irish Civil Liberties Council (ICCL).

The DPC noted that the bill does not provide a legal basis for the use of “smart camera†recording systems that could be used to “automatically profile or automatically recognize and track individualsâ€.

Deputy Commissioner Dale Sunderland said that if devices capable of such actions were to be authorized “they should be explicitly and carefully planned”.

Regarding the use of body worn cameras, he welcomed the requirement that cameras be visible on guard clothing. The planned code of practice governing their use will be “essential to ensure that the use of this technology is proportionate, that the resulting data is properly secured and is not used for purposes other than those provided for by law”, did he declare.

ICCL Legal and Policy Officer Doireann Ansbro said the bill should be suspended in its current form until the DPC “has appropriate and sufficient policies and practices to ensure compliance with the data protection law â€.

She said the council was gravely concerned about the extension of Garda’s surveillance powers as the DPC is investigating the force’s compliance with data protection law.

The bill’s definition of what constitutes a “recording device” is vague, Ms. Ansbro said, “and may pave the way for the introduction of new technologies such as facial recognition technology without sufficient debate, research or demonstration of their necessity “.

She said facial recognition technology was found to have ethnic, racial and gender bias and “enabled mass surveillance and discriminatory targeted surveillance.”

Police Authority Chairman Bob Collins said the use of the technology mandated by the bill could be a barrier to public trust and could infringe human rights “if not it is not undertaken with prudence and under external, transparent and independent control “.

He said the Authority was pleased that the law provides for the conduct of a human rights impact assessment of the legislation, but called for the inclusion of a five-year review to examine ” future technologies that could have unintended or unimaginable consequences “.

Independent Senator Lynn Ruane said this type of legislation made her “nervous” and asked how working-class communities can be protected from “surveillance” by such measures.

Ms Ansbro responded that there is clear evidence of bias inherent in facial recognition technology that impacts trust between police and communities.

She said it was of concern that the Garda 2016 modernization plan committed to implementing facial recognition technology using “face in the crowd and shape in the crowd†biometrics to identify suspects.

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