Annual report of BSC Commissioner laid in Parliament

The 34-page report covers the period from April 2023 through until March 2024 and was produced by the (then) Biometrics and Surveillance Camera Commissioner Tony Eastaugh CBE, who stepped down from his post in mid-August having been appointed Commissioner in a time-limited capacity as the role was due to be abolished under the Data Protection and Digital Information Bill.

Eastaugh took the reins from Professor Fraser Sampson, who resigned from office on 31 October 2023. As such, the report covers the tenure of both Commissioners.

Key observations 

The report was sent to Home Secretary Yvette Cooper on 10 October and outlines a number of matters including National Security Determinations, an increase in the use of Section 63G powers and reflections and comments on some of the achievements of the Office of the Biometrics and Surveillance Camera Commissioner in addition to the most recent incumbents of the roles.

There has been a fall in the number of National Security Determinations made by chief officers in this reporting period. It has been recognised how vital a tool National Security Determinations are in the real world, allowing as they do the lawful retention of individuals assessed to present a real risk to national security.

When it comes to an increase in use of Section 63G powers, there has been another encouraging rise in the number of times that police forces sought to use their powers to ask the Commissioner for permission to keep DNA and/or fingerprints of individuals who are arrested, but not convicted, of qualifying offences. However, concerns remain that the power continues to be underused by many forces.

Facial recognition technology

Interestingly, in the Executive Summary, Eastaugh notes: “The use of facial recognition technology remains contentious. There remain potential regulatory and policy deficiencies in its widespread roll-out. There are also continued question marks about the accuracy of the technology. Central Government and officials must continue to engage with stakeholders and civil liberties groups on the issues.”

Eastaugh also asserts: “The role of the Office of the Biometrics and Surveillance Camera Commissioner in relation to the future regulation and oversight of biometrics and surveillance cameras must be clearly defined and agreed. Accountability and governance of this critical area of work should remain a Government priority.”

In conclusion, Eastaugh states: “Despite the importance of the work of the Office, it has proven very difficult to win interest within Whitehall for that work. Should the Office of the Biometrics and Surveillance Camera Commissioner continue in its current form, then it needs to be fully staffed and appropriately funded to carry out its functions.”

Regulatory functions

According to Eastaugh: “Consideration should be given to how the Office fits within the larger regulatory functions that overlap with Artificial Intelligence. Greater certainty in the shape of regulation needs to be provided in those areas currently lacking it, including facial recognition, the use of Artificial Intelligence, new and emerging biometrics and the retention of biometrics beyond fingerprints and DNA.”

The Office of the Biometrics and Surveillance Camera Commissioner understands that Home Office ministers are considering the appointment of a new Commissioner.

*Read the report in full online at GOV.UK: Biometrics and Surveillance Camera Commissioner: Report 2023-2024