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UK Equality Regulator Rules Metropolitan Police’s Facial Recognition Use Unlawful

NextFin news, On August 20, 2025, the Equality and Human Rights Commission (EHRC), the UK's human rights regulator, publicly criticized the Metropolitan Police Service (Met) for its use of live facial recognition technology (LFRT) in London, declaring the police force's current policy unlawful and incompatible with human rights law.

The EHRC stated that the Met’s deployment of LFRT, which scans faces in real-time via CCTV and compares them against police watchlists, breaches key protections under the European Convention on Human Rights, including the rights to privacy, freedom of expression, and freedom of assembly. The regulator emphasized that the technology should only be used in a necessary, proportionate manner with appropriate safeguards, standards the Met’s current policy fails to meet.

The Met has used LFRT since January 2024 and reported over 1,000 arrests linked to the technology, including suspects charged or cautioned for serious crimes such as paedophilia, rape, and violent robbery. Despite this, the EHRC expressed concern about the intrusive nature of the technology, its potential for misidentification, and its chilling effect on public protests and democratic rights.

The EHRC has been granted permission to intervene in an upcoming judicial review scheduled for January 2026, which challenges the lawfulness of the Met’s facial recognition policy. This legal challenge was brought by privacy campaigners and individuals who have been wrongly identified by the technology, including Shaun Thompson, who alleges mistreatment following a false alert.

John Kirkpatrick, Chief Executive of the EHRC, acknowledged the potential benefits of LFRT in combating serious crime but stressed the need for clear legal rules to ensure its use respects human rights. He said, "There must be clear rules which guarantee that live facial recognition technology is used only where necessary, proportionate and constrained by appropriate safeguards. We believe that the Metropolitan Police's current policy falls short of this standard."

The Metropolitan Police responded by affirming their confidence in the lawfulness of their use of LFRT and confirmed their full engagement with the judicial review process. A spokesperson said, "A judicial review hearing is scheduled for January 2026 and we are fully engaged in this process. We are confident that our use of live facial recognition is lawful and follows the policy."

The controversy has intensified as the Met announced plans to deploy LFRT at major public events such as the Notting Hill Carnival over the August bank holiday weekend, a move opposed by civil rights groups and privacy advocates who warn of privacy invasion and discrimination risks.

Currently, no specific UK legislation governs police use of live facial recognition technology, with police relying on common law powers. The EHRC and campaigners call for comprehensive legal frameworks to regulate the technology’s use and protect citizens’ rights.

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