Abstract
ABSTRACT In this paper, we discuss the present and future uses of intelligent facial surveillance (IFS) in law enforcement. We present an empirical and legally focused case study of live automated facial recognition technologies (LFR) in British policing. In Part I, we analyse insights from 26 frontline police officers exploring their concerns and current scepticism about LFR. We analyse recent UK case law on LFR use by police which raises concerns around human rights, data protection and anti-discrimination laws. In Part II, we consider frontline officers’ optimism around future uses of LFR and explore emerging forms of IFS, namely emotional AI (EAI) technologies. A key novelty of the paper is our analysis on how the proposed EU AI Regulation (AIR) will shape future uses of IFS in policing. AIR makes LFR a prohibited form of AI and EAI use by law enforcement will be regulated as high-risk AI that has to comply with new rules and design requirements. Part III presents a series of 10 practical lessons, drawn from our reflections on the legal and empirical perspectives. These aim to inform any future law enforcement use of IFS in the UK and beyond.
Highlights
These focused on South Wales Police trials of live automated facial recognition (LFR) and raised concerns around human rights, data protection and anti-discrimination law compliance
This raises legal questions that we explore through the new EU Proposed AI Regulation (AIR), as the world’s first comprehensive AI regulatory framework seeking to make AI more trustworthy
In the wake of the proposed AIR, the European Data Protection Supervisor, European Data Protection Board and European Parliament have all called for stricter regulation of LFR and Emotional AI technologies in public spaces, for law enforcement
Summary
We discuss the potential integration of LFR with other policing technologies such as body-worn cameras, and the potential for incorporation of face-based EAI capabilities, i.e. systems which seek to read facial expressions, not to identify individuals, but instead to understand their underlying emotive state and intent. This raises legal questions that we explore through the new EU Proposed AI Regulation (AIR), as the world’s first comprehensive AI regulatory framework seeking to make AI more trustworthy.. We consider the practical issues of deploying LFR and EAI in policing, and develop 10 lessons from current uses and highlight issues that need attention for legally informed IFS in future policing practice
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
