Correspondence

May 2021

Updated 2 September 2021

Welcome from the Biometrics and Surveillance Camera Commissioner

Hello! My name is Fraser Sampson. Welcome to the 1st edition of my newsletter as the newly appointed Biometrics and Surveillance Camera Commissioner.

I came into post on 1 March 2021 and with so much going on in both the world of surveillance and biometrics, I’m sure the next few weeks and months are going to be busy, but I think this is an exciting time and I’m looking forward to the road ahead.

The roles of Biometrics Commissioner and Surveillance Camera Commissioner were both created under the Protection of Freedoms Act 2012 and involve working closely with the police, local authorities and other relevant bodies to promote compliance with the rules on the legitimate, proportionate and accountable use of DNA, fingerprints and surveillance camera systems respectively.

A decision was made to appoint a single person to both roles because of the confluence of existing and emerging regulatory issues around police use of automated facial recognition, a type of surveillance camera technology with biometrics capabilities.

Our team are working very closely together across the two offices to establish a cohesive approach and support me in these distinct but overlapping roles for the future.

It’s been a busy couple of months for me and the team and I hope you find what’s in this edition useful. Please forward this to anyone you think may be interested and they can subscribe to receive the newsletter themselves by completing a short online form.

My background

I began working in the criminal justice sector over 40 years ago, joining West Yorkshire Police on leaving school and later serving with British Transport Police before becoming a solicitor specialising in policing law, conduct and governance. I’ve written and edited several leading police law texts and must take the blame for the infamous Blackstone’s Police Manuals used by OSPRE promotion exam candidates.

As national chair of the Association of Police and Crime Chief Executives, I proposed (and then drafted) a statutory oath of office for police and crime commissioners and was appointed CEO and Solicitor to the Police and Crime Commissioner for West Yorkshire in 2012 where I was involved in establishing the National Police Air Service, later being seconded as CEO to the Police, Fire and Crime Commissioner in North Yorkshire.

As an Honorary Professor and member of the Advisory Board at the Centre for Excellence in Terrorism, Resilience, Intelligence and Organised Crime Research at Sheffield Hallam University I have been involved in some cutting-edge technology research programmes with police partners from across the world. I also gained a PhD in digital accountability in law enforcement, making me possibly one of the oldest doctoral students in the business! I’m currently working on the development of principles for the accountable use of AI by the police. Finally, I’m a Senior Fellow of the Weinstein International Foundation for dispute resolution in the United States and a CEDR qualified mediator.

In focus – National Surveillance Camera Strategy

Having met with Tony Porter, my predecessor, in week one I’m now very keen to meet the leading experts that have worked so well with him on the National Surveillance Camera Strategy and get an idea of what’s been going on and where we can take this work in the future. I know from Tony that the strategy - and more importantly the people who lead it - have produced some fantastic results since its inception in 2017 and I really want to keep that momentum going. I’ve started to reach out to all the strand leads to start those conversations as soon as possible.

It’s important for me to understand if the objectives of the strategy remain relevant and realistic and what challenges, if any, the strand leads are facing to achieve those deliverables so we can create solutions and revise the strategy’s aims where indeed that may be appropriate.

Facing the camera – new guidance for police use of facial recognition technology

This guidance was produced by my predecessor to assist police forces in England and Wales to comply with their statutory obligations arising from s. 33 of the Protection of Freedoms Act 2012 (PoFA) and the Surveillance Camera Code of Practice (SC Code). This publication was intended to assist in the considerations which are to be applied by police forces who are operating or intending to operate overt surveillance camera systems in public places in England and Wales together with facial recognition technology to locate people who are on watchlist. The guidance is to be read in conjunction with the SC Code. It does not effect changes to that Code which is itself under revision by the Home Office.

In his foreword Tony said:

It is my hope that the production of this revised document will assist police decision makers and the wider public as to the issues and standards applicable to the use of this technology and to those who scrutinise such use.

I strongly believe that the modernisation and application of high level and clear legal principles and safeguards, the integrity, transparency and accountability of endeavour by our police, and a better informed public are amongst key ingredients which will help get ahead of the questions posed by evolving surveillance and other biometric capabilities, and thereby bring the future, and the answers necessary for our democratic society to truly benefit from surveillance camera technologies, in to a far sharper focus.

Raising standards – Third-Party Certification Scheme

Under the provisions of the Protection of Freedoms Act 2012, police forces and local authorities must have regard to the Surveillance Camera Code of Practice (SC Code) – for other organisations adoption of the 12 principles in the Code is voluntary and, in some ways, more powerful as they have no legal obligation to follow the principles.

The third-party certification scheme enables organisations to demonstrate that they comply with the Code by displaying a certification mark. Many congratulations are therefore due to the following organisations who have recently been issued with the mark:

• Enterprise Parking Solutions Ltd
• Gloucestershire Community ANPR Road Safety Group
• Rodborough Parish Council
• Kingswood Parish Council
• Whitehill and Ruscombe Parish Council
• Bourton-on-the-Water Parish Council
• Conwy County Borough Council
• Glasgow City Council
• Redditch Borough Council
• Bromsgrove District Council
• South Kesteven District Council
• Carflow Ltd
• Dacorum Borough Council
• Autospeedwatch Ltd
• Saba Park Services UK Ltd (Watford)
• Sandwell Council (Oldbury)
• HX Car Park Management Ltd
• Tin Lid Protection (TLP) Ltd

Details about the scheme are available on my website or you can contact my team for more information.

Raising standards – Secure by Default Self-Certification Scheme

Secure by default: self-certification of video surveillance systems (VSSs)

Self-certification allows manufacturers or surveillance camera devices and components to demonstrate clearly that their products meet minimum requirements to ensure that they are secure by default and secure by design. It will mean that the UK’s resilience against cyber security attacks via VSSs is higher. The new requirements are an important step forward for manufacturers, installers and users alike in providing the best possible assurance for stakeholders that products aren’t vulnerable to cyber-attacks.

A list of self-certified organisations is also displayed on my website.

Details about the scheme are available on my website or you can contact my team for more information.

In the news – recent events, news and publications

News stories and interviews:

• You can read my interview with the International Security Journal where I discuss balancing security against privacy, and the impact and challenges of using facial recognition technology.
• You can watch my interview with IFSEC where I highlight the importance of the security sectors in understanding what is technologically achievable for devices, discuss the importance of formulating best practice guidance and standards for how surveillance camera systems are used, particularly in public spaces, and talk about the challenges my office expects to witness in the near future.
• You can read about the Imperial Collage event I attended where I joined an expert panel to debate the proposed regulations in the European Union on AI, and the challenges policymakers face when looking to regulate emerging technologies.

Consultation on CCTV in taxis

In July 2020 the Department for Transport published the Statutory Taxi and Private Hire Vehicle Standards. These include a number of standards that taxi and PHV licensing authorities are expected to implement. The standards also state that all licensing authorities should undertake a consultation on in-vehicle CCTV in taxis and PHVs.

A public consultation was run by Transport for London in early 2021 seeking views on whether the installation of CCTV in vehicles would have either a positive or adverse effect on the safety of taxi and PHV users, including children or vulnerable adults, taking into account potential privacy issues. I published my response to the consultation, focusing on achieving a fair balance between individual rights and the wider public good, ensuring that any intrusion and interference with human rights is proportionate and no more than necessary against the general principles which arise from legal principles and legitimate expectations.

Commissioner’s blogs

• Read my introductory blog where I discuss what my priorities are as the Surveillance Camera Commissioner, and how this role fits together with my role as the Biometrics Commissioner.

• The expression “if you’ve done nothing wrong you’ve nothing to worry about” is not the answer to legitimate public concern over surveillance. Read my blog where I explain 5 reasons for abandoning the argument once and for all.

• Tin Lid Protection Ltd, drone security specialists, have achieved my third party certification mark for their use of Unmanned Aerial Vehicles (UAVs) surveillance cameras. Read this case study to find out more about the process and the benefits of applying for certification.

• In March 2020, Parliament passed the Coronavirus Act 2020 (the Act) in order to provide various emergency measures to help deal with the many and widespread contingencies of the Covid-19 pandemic. The second set of regulations came into effect on 1 October 2020 and expired on 24 March 2021. This further report has been produced to inform Parliament of the impact of the section 24 regulations over this period.

Upcoming events:

• On 1 June I’ll be a panellist on the IFSEC Strat Talks session - Video surveillance in security: Challenges, opportunities and trends. The webinar will focus on the current challenges, threats and opportunities in video surveillance and the security sector. Major trends such as AI, video analytics, facial recognition, integration and the cloud will all be discussed throughout the roundtable session. Find out more about the IFSEC Strat Talks event and book your place.

• On 21 July I’ll be delivering a speech at the Westminster e-forum on Biometrics and digital identity - next steps for regulation, best practice, addressing ethical concerns, public trust and engagement, and market development. My focus will be on the future outlook on biometrics and digital identity across the UK. Find out more about the Westminster e-forum event and book your place

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Fraser Sampson

Biometrics and Surveillance Camera Commissioner

[email protected]
[email protected]