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South Wales Police's facial recognition tech 'not legal'

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Ed BridgesImage source, ´óÏó´«Ã½
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Ed Bridges argued the software analysed his data without his knowledge or consent

There are insufficient laws governing the use of automatic facial recognition (AFR) technology, meaning its use is illegal, the Court of Appeal has heard.

Ed Bridges lost his case in September against South Wales Police over its use of the technology, which scanned his face on two occasions.

He was granted permission to appeal the High Court decision in November.

Civil rights group Liberty, supporting Mr Bridges in court, said there were "no legal constraints" on using AFR.

Its barrister, Dan Squires QC, said if everyone was stopped and asked for their personal information on the way into a stadium, people would feel uncomfortable.

"If they were to do this with fingerprints, it would be unlawful, but by doing this with AFR there are no legal constraints," he said.

This, he said, was because there are clear laws and guidance on taking fingerprints.

He said it is the potential use of the facial recognition powers, not actual use to date, which was the issue.

"It's not enough that it has been done in a proportionate manner so far," Mr Squires said.

South Wales Police has been developing the use of AFR since 2015.

The technology scanned Mr Bridges at a protest in 2018 and while shopping in 2017, leading to him crowdfunding his legal action.

However, the High Court found the force's use of AFR was lawful.

AFR maps faces, then compares results with a list that can include suspects, missing people and persons of interest. It has been used at sporting events and concerts.

Mr Squires has argued there are insufficient safeguards in the current law to protect people from arbitrary use of the technology, or to ensure its use was proportional.

The three-day hearing continues.

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