Commissioner welcomes plan for strengthened legal framework around Live Facial Recognition in England and Wales

Yesterday the Home Secretary announced the Home Offices intention to consult on a new legal framework for the law enforcement use of facial recognition and similar technologies in England and Wales. Further information can be found here.

The consultation, which is expected to commence in the autumn, will seek views on when and how the technology should be used in England and Wales and what appropriate safeguards and oversight are needed to ensure transparency and public confidence. This work seeks to support the UK Government’s Safer Streets Mission and supporting the safety of communities across England and Wales. It does not extend to Scotland or Northern Ireland where most aspects of policing are devolved.

The Scottish Biometrics Commissioner Dr. Brian Plastow has today welcomed the Home Office announcement especially as the legal functions of the Biometrics Commissioner for England and Wales under the Protection of Freedoms Act 2012 does not currently include independent oversight of the police use of images and recordings.

Although Live Facial Recognition has not yet been deployed in Scotland, there is already a comprehensive legal framework in Scotland for the use of all forms of images and recordings by the police via the Scottish Biometrics Commissioners Act 2020 and the statutory Code of Practice approved by the Scottish Parliament in November 2022. Furthermore, such data also falls within the parameters of law enforcement processing under the safeguards of the UK data protection law as overseen by the UK Information Commissioner (ICO).

In a previous blog published in June 2025, the Commissioner has explained the reasons why he would support the future use of Live Facial Recognition (LFR) by Police Scotland primarily as a strategic policing response to protect women, girls, and children in Scotland from the national emergency of male violence and additionally for other proportionate law enforcement purposes.