Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the Written Statement entitled Consultation on a new legal framework for law enforcement use of biometrics, facial recognition and similar technologies, published on 4 December 2025, HCWS1129, what assessment her Department has made of current police practice regarding the deployment of facial recognition and related technologies; how operational consistency across police forces will be ensured under the proposed new framework; and what plans she has to strengthen oversight mechanisms, including independent scrutiny, to guarantee that law enforcement agencies use these technologies only within clearly defined legal parameters and with transparent accountability.

The Government recognises the importance of ensuring the use of facial recognition and similar biometric technologies by law enforcement remains proportionate to the seriousness of the harm being addressed. The consultation launched on 4 December seeks views on whether seriousness of harm should be a factor to decide how and when law enforcement organisations can acquire, retain, and use biometrics, facial recognition, and similar technology. The consultation also asks for views on what factors are relevant to consider when assessing ‘seriousness’ of harm and for which purposes should law enforcement organisations be allowed to use these technologies.

We do not intend to publish an impact assessment specifically on the potential implications for civil liberties as part of the consultation process. However, alongside the consultation we have published an equalities impact assessment which makes clear the Government’s commitment to building public trust by highlighting the specific legal frameworks that will be put in place and the statutory bodies for oversight, which will apply to everyone in England and Wales.

We recognise that to maintain public confidence we must ensure individual rights, privacy and data security are protected. We believe that the use of biometric and inferential technology should always be demonstrably ‘necessary’ and ‘proportionate’ to the objective being sought. Furthermore, a clear and consistent justification for interference with people’s rights is required. Threshold setting and decision making needs to be attributed to, and shared appropriately between, Parliament, Ministers, independent oversight bodies, and law enforcement organisations. The consultation seeks views on what factors are relevant to consider when assessing interference with privacy so as to ensure the legal framework reflects the views of the public.

When using facial recognition technology, police forces must comply with existing legislation including the Human Rights Act 1998, Equality Act 2010, Data Protection Act 2018, Police and Criminal Evidence Act 1984, as well as their own published policies. For live facial recognition, police forces must also follow the College of Policing’s Authorised Professional Practice (APP) on Live Facial Recognition.

Oversight of police practice regarding deployment of facial recognition and related technologies is currently provided by regulators and public bodies, including the Biometrics and Surveillance Camera Commissioner, the Information Commissioner, HMICFRS, Equality and Human Rights Commission, and the Independent Office for Police Conduct. The courts system also plays a vital role in ensuring the law is upheld.

The Government recognises the importance of independent scrutiny to ensure operational consistency across forces under new framework. That is why the consultation explained the government’s proposal to create a single regulatory and oversight body to oversee law enforcement use of biometrics, facial recognition and similar technologies.

The Government envisage giving this body the necessary powers to provide assurance that law enforcement use of biometric technologies is legal, responsible, and necessary. These powers could include setting standards to assure scientific validity, issuing codes of practice and investigating instances where a technology has been misused, hacked or accessed without authorisation.