Following the recent High Court ruling in favour of the Metropolitan Police, live facial recognition (LFR) technology will continue to be deployed across London, with further expansion expected nationwide.
While many interpreted this as a ‘general acceptance’ of facial recognition, the reality is more complex.
The court did not approve the technology in principle, but it approved a specific use case, supported by robust safeguards and a clearly defined privacy framework.
The reality of deploying facial recognition
Facial recognition involves processing biometric data, which is classified as special category data under UK data protection law. This places a significantly higher burden on organisations to justify its use.
In practice, many organisations are not equipped to meet this threshold. Without a structured approach, risks quickly emerge including:
- Lack of transparency for individuals
- Poor control over watchlists and data sources
- Unlawful or excessive data processing
- Increased scrutiny from the ICO
Why the Met Police case succeeded
A key factor in the court’s decision was not the technology itself, but how it was implemented.
The Metropolitan Police demonstrated:
- Clear public signage
- A defined and limited purpose
- Immediate deletion of non-matching data
- Human verification before intervention
- Strong governance and oversight
Without these controls, the outcome may have been very different.
Where organisations face the greatest risk
There is a growing risk that this ruling will be interpreted as setting a precedent for wider use of facial recognition. However, many organisations would be highly unlikely to meet the same standard demonstrated in this case.
The judgment itself underscores this point, referencing a misidentification incident in which an individual was wrongly stopped. This highlights that the technology is not without fault, and that errors can lead to real-world consequences.
As highlighted in a recent cybersecurity analysis published via The Conversation, facial recognition systems also introduce a more fundamental risk: biometric data such as facial templates cannot be changed or reset if compromised, unlike passwords or payment cards. This creates a permanent vulnerability if databases are breached or linked across systems.
For organisations operating in the private sector, the tolerance for such errors is even lower, alongside heightened regulatory scrutiny and reputational risk.
The role of structured expertise
This is where specialist support becomes critical.
At Privacy Helper, we have supported the deployment of facial recognition systems across the private sector, ensuring compliance, governance and operational effectiveness are aligned right from the outset.
We are also actively involved in the Betting and Gaming Council LFR Committee, working alongside industry operators to establish responsible standards for use.
In addition, we provide an ICO-aligned checklist to help organisations assess whether they are in a position to deploy this technology lawfully and proportionately.
If you are exploring facial recognition or reviewing your current approach, Privacy Helper can help. Without the right framework in place, organisations risk significant regulatory and reputational exposure. Get in touch today to make sure yours is properly compliant.
