Ensuring the lawfulness of automated facial recognition surveillance in the UK – Oxford Human Rights Hub

‘In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV camera­­s capture images of the public, which are then compared with digital images of persons on a watchlist.’

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Oxford Human Rights Hub, 3rd September 2020

Source: ohrh.law.ox.ac.uk

Voyeur sentenced after woman’s five-year campaign – BBC News

‘A man has been sentenced for filming a naked woman in a hotel room while she was unconscious, following her five-year campaign for justice.’

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BBC News, 4th September 2020

Source: www.bbc.com

Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog

Posted September 3rd, 2020 in evidence, human rights, internet, news, privacy, Scotland, sexual offences, Supreme Court by sally

‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’

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UKSC Blog, 1st September 2020

Source: ukscblog.com

Policing Our Privacy – Where Does the Law Lie? – 39 Essex Chambers

‘Last Tuesday the Court of Appeal (Sir Terence Etherton MR, Dame Victoria Sharp PQBD and Singh LJ) allowed the appeal of the civil liberties campaigner, Edward Bridges, against the decision of the Divisional Court which had dismissed his claim for judicial review of South Wales Police Force’s use of live automated facial recognition technology (“AFR”).’

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39 Essex Chambers, 17th August 2020

Source: www.39essex.com

Facial Recognition Technology not “In Accordance with Law” – UK Human Rights Blog

‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’

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UK Human Rights Blog, 13th August 2020

Source: ukhumanrightsblog.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

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Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Court of Appeal in Bridges, this system constitutes an interference with Article 8 rights which is not such as is in accordance with the law, but which (critically) would be proportionate if a sufficiently narrow local policy were framed.’

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UK Police Law Blog, 11th August 2020

Source: ukpolicelawblog.com

South Wales police lose landmark facial recognition case – The Guardian

‘Campaigners are calling for South Wales police and other forces to stop using facial recognition technology after the court of appeal ruled that its use breached privacy rights and broke equalities law.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Meghan wins court bid to keep friends’ identities secret – The Guardian

Posted August 6th, 2020 in anonymity, defamation, media, news, privacy, royal family by sally

‘The Duchess of Sussex has won a high court bid to keep secret the identities of five friends who gave anonymous interviews to a US celebrity magazine, in the latest stage of her legal action against the owner of the Mail on Sunday.’

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The Guardian, 5th August 2020

Source: www.theguardian.com

British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian

‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Misuse of Private Information: A Tort in its Infancy – Pump Court Chambers

‘There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, and also represents the first class action of its kind in the UK.’

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Pump Court Chambers, 23rd July 2020

Source: www.pumpcourtchambers.com

Supreme Court rules there is no right to privacy against “paedophile hunters” – an extended look – UK Human Rights Blog

‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’

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UK Human Rights Blog, 21st July 2020

Source: ukhumanrightsblog.com

Government admits breaking privacy law with NHS test and trace – The Guardian

‘The UK government broke the law in rolling out its test-and-trace programme without a full assessment of the privacy implications, the Department of Health and Social Care has admitted after a legal challenge.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Uber drivers to launch legal bid to uncover app’s algorithm – The Guardian

‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

One in 70 recorded rapes in England and Wales led to charge last year – The Guardian

‘Fewer than one in 70 recorded rapes resulted in a charge last year, as tens of thousands of victims did not support demands from police and prosecutors and withdrew from the process.’

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The Guardian, 17th July 2020

Source: www.theguardian.com

Police and CPS scrap digital data extraction forms for rape cases – The Guardian

Posted July 16th, 2020 in consent, Crown Prosecution Service, disclosure, news, police, privacy, rape by tracey

‘The CPS and police have been forced to scrap controversial “digital strip searches” of rape complainants, following a legal threat from two survivors of sexual abuse and sustained campaigning from privacy and human rights groups.’

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The Guardian, 16th July 2020

Source: www.theguardian.com

‘Paedophile hunters’ do not violate right to privacy, Supreme Court rules as convict’s appeal dismissed – The Independent

Posted July 15th, 2020 in appeals, child abuse, deceit, internet, news, privacy, sexual offences, Supreme Court by tracey

‘”Paedophile hunters” do not violate the right to privacy, the Supreme Court has ruled while dismissing a convict’s appeal.
Mark Sutherland was convicted after communicating with a member of an activist group, who he believed to be a 13-year-old boy. He appealed his conviction, arguing that his right to a private life and correspondence, enshrined in Article 8 of the European Convention on Human Rights. Delivering the Supreme Court’s ruling on Wednesday, Lord Sales said the appeal had been “unanimously dismissed”.’

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The Independent, 15th July 2020

Source: www.independent.co.uk

Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other

Posted July 9th, 2020 in coronavirus, data protection, human rights, licensing, news, privacy by sally

‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’

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Each Other, 8th July 2020

Source: eachother.org.uk

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

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Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk