Concerns raised over lack of protections and safeguards in new Garda legislation
Today the Commission has set out its concerns with the proposed General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill, which seeks to introduce the use of facial recognition technology by An Garda Síochána. The highly intrusive nature of facial recognition technology requires strong rules and justifications, heightened protection in law, and robust safeguards to protect fundamental rights. In our Submission to the Minister of Justice, we have highlighted how the proposed legislation does not go far enough to ensure that these rights are protected. The Commission recognises that in order to support a modern police service in Ireland, there is a need for An Garda Síochána to transform its digital capabilities. However, compliance with human rights and equality principles is an essential part of democracy and the rule of law, and an appropriate balance must be struck between competing rights. The use of facial recognition technologies can lead to profiling or the flagging and tracking of individuals on the basis of a protected characteristic - which can give rise to discriminatory outcomes. We recommend that the human rights and equality implications of this technology should be subject to independent and effective scrutiny, by either an existing body, such as the new Policing and Community Safety Authority, or the establishment of a new body, such as an independent group on emerging technologies. We also call for the use of facial recognition technology to be subject to judicial authorisation and for any authorisation granted to set out the nature, scope and duration of the approval. The Bill must include the necessary procedural safeguards and limitations with regard to the power to use facial recognition technology. Furthermore, these powers should be used only for relevant and proportionate offences that are appropriate for the use of biometric identification. Crucially, we ask that the human rights and equality obligations on Garda personnel are clear and precise, and that the consequences which follow from a failure to observe these obligations are clearly set out in the legislation. We reiterate that in implementing legislative reforms with regard to increasing policing powers, it is important to recall the Commission on the Future of Policing’s assertion that: “human rights are the foundation and purpose of policing”. Commission Director Deirdre Malone said:
“The use of biometric identification and facial recognition technologies represents a radical upturn in the policing powers of the State. This places a clear responsibility on members of An Garda Síochána to ensure that these powers are only used in a manner that is consistent with both the Act and code of practice. Therefore, it is vital that the proposed Act incorporates from the outset the necessary human rights and equality protections that are an essential part of our democracy and the rule of law”.
Other recommendations include: Biometric data and biometric identification/power to use data
- That the definition of “Biometric Identification” should clearly set out that it is retrospective or ‘post’ remote biometric identification and the definition should reflect the definition set out in the EU AI Act.
- That the Bill include the necessary procedural safeguards and limitations with regard to the power to use biometric identification to ensure that this power is not left open to potentially discriminatory, biased and/or arbitrary use.
Scope of materials accessible
- That that the Bill must clearly and precisely set out the specific sources of material that can be used for the purposes of biometric identification. The Commission also recommends that the Bill set out the lawful basis for the use of such sources and ensure that it is compliant with EU law.
- That provisions detailing how the integrity of the images and video material obtained/held by the Garda Síochána will be maintained should be set out in primary legislation.
Application and approval
- That all applications for the use of biometric identification should identify a specific and limited set of data sources that can be used in a biometric search.
- That all written records concerning applications made for the use of biometric identification should be made available to a suitable independent oversight body, at a minimum, on an annual basis to assess compliance with human rights, equality and data protection obligations.
Code of Practice
- That it should be explicitly stated that the use of biometric identification will not become operational until the code of practice is published.
- That the code of practice should provide detail on what is involved in the human verification process and should provide specific detail as to the role of the Garda personnel, including the level of training and expertise required.
ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 8592641 / 087 4687760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC
Editors Notes:
IHREC’s Submission to the Minister for Justice on the General Scheme of the Garda Síochána (Recording Devices)(Amendment) Bill can be accessed at Submission to the Minister for Justice on the General Scheme of the Garda Síochána (Recording Devices)(Amendment) Bill *These rights include: The right to privacy; Protection of personal data; The inviolability of the home; Equality and non-discrimination; Fair trial rights and procedural fairness; Right to an effective remedy; Freedom of assembly; and Freedom of expression. The Commission has published these legislative observations in line with its mandate to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality, and to make recommendations to the Government to strengthen and uphold human rights and equality in the State.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State. The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.