Privacy rights group Big Brother Watch has filed a complaint with the Information Commissioner over Asda’s live facial recognition trial.
The complaint argues Asda is “infringing the data rights” of shoppers, and the FaiceTech system is processing “data with a high degree of risk to data subjects’ rights”.
Asda announced a facial recognition tech trial at five of its Greater Manchester stores in March. The trial – at its supermarkets in Ashton, Chadderton, Eastlands, Harpurhey and Trafford Park – involves customer faces, picked up on CCTV, being scanned and compared against individuals on an internal watchlist. The watchlist, compiled by Asda, is made up of individuals staff suspect have been involved in “theft, violence and/or fraud in Asda stores”, though they may not be convicted of any crime.
If a match is found by the automated system, a member of the Asda head office security team conducts a check and feeds an alert back to the store in real time in a matter of seconds, according to the supermarket.
The pilot was “Orwellian” said Madeleine Stone, senior advocacy officer at Big Brother Watch. The group is calling on the ICO to immediately stop Asda’s use of the technology.
“[The trial] is deeply disproportionate and chilling, and risks violating the privacy rights of thousands of people,” Stone said. “Facial recognition surveillance turns shoppers into suspects by subjecting customers browsing the supermarket aisles to a series of invasive biometric identity checks. We believe Asda’s use of live facial recognition surveillance is likely to be unlawful, and have filed this legal complaint with the Information Commissioner’s Office, urging the data regulator to investigate and urgently halt Asda’s trial.”
The complaint to the ICO comes as part of a concerted campaign by the group against Asda’s use of the tech. As well as a social media campaign, the group hired a digital display van to circle the stores taking part in the trial, displaying the message ‘Asda – Rolling back your privacy’. Last month the group claimed to have sent some 5,425 emails from its followers to the supermarket in opposition to the trial.
Asda’s trial stores have signage explaining that facial recognition software is in use, as is mandated by the UK General Data Protection Regulation (GDPR). However, Big Brother Watch has questioned whether shoppers are sufficiently informed if their facial biometric data is stored or added to the supermarket’s watchlist.
“Facial recognition is inaccurate and dangerously out of control in the UK,” Stone added. “Its use is proliferating across police forces and the private sector alike, all with no specific legislative basis. Asda should abandon this trial and the government must urgently step in to prevent the unchecked spread of this invasive technology.”
A report published by the Ada Lovelace Institute today concludes the UK’s “fragmented and piecemeal approach to governing facial recognition and other biometric technologies” is “failing to provide legal certainty or safeguard the public”. The institute argues facial recognition use in the private and public sector exists in a “legal grey area” due to inadequate governance.
“There is no specific law providing a clear basis for the use of live facial recognition and other biometric technologies that otherwise pose risks to people and society.,” said Nuala Polo, UK public policy lead at the Ada Lovelace Institute. “In theory, guidance, principles and standards could help govern their use, but our analysis shows that the UK’s ad hoc and piecemeal approach is not meeting the bar set by the courts, with implications for both those subject to the technology, and those looking to use it.
“This means the rapid roll-out of these technologies exists in a legal grey area, undermining accountability, transparency and public trust – while inhibiting deployers alive to the risks from understanding how they can deploy safely. Legislation is urgently needed to establish clear rules for deployers and meaningful safeguards for people and society,” Polo added.
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