Biometrics

Our clients can expect from us cutting edge knowledge, experience and discretion in handling highly sensitive and confidential materials and issues.

Examples of recent work include:

• R (on the application of Edward Bridges) v Chief Constable of South Wales Police (Respondent); The Secretary of State for the Home Department (Interested Party); (1) The Information Commissioner; (2) The Surveillance Camera Commissioner; (3) The Police and Crime Commissioner for South Wales (Interveners) [2020] EWCA Civ 1058
  This was and remains the first and only case in the world to consider the use of Automatic Facial Recognition (AFR) (now called Live Facial Recognition – LFR) by law enforcement. It provided guidance for police and law enforcement on the legal framework and lawful use of this technology going forwards.
• R (on the application of Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland R (on the application of T) v Commissioner of Police of the Metropolis [2015] UKSC 9
  • This decision was relied on in Bridges, as it held that the retention by police of electronic data concerning the Claimant’s participation in demonstrations was not unlawful. [NB this decision did not directly concern biometric technologies but the principles considered are relevant].
• S v United Kingdom [2009] 48 EHRR 50
  • Cited in Bridges, this decision considered the lawfulness of the retention of fingerprints and DNA samples by police – the earliest biometrics.

To find out about how our team of information law experts can help you, please contact our clerking team.