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The biometric conundrum for law enforcement: capability, liability and the duty to act

Former UK Biometrics and Surveillance Camera Commissioner Fraser Sampson argues that the declining cost and rising reliability of live facial recognition technology is materially changing what constitutes an effective police investigation, with potential liability consequences for forces that choose not to deploy available tools. Drawing on the DSD Supreme Court ruling on positive police obligations, Sampson contends that the question of whether a force could have used FRT β€” and chose not to β€” is becoming a legitimate line of legal scrutiny. The column is positioned as a direct contribution to the UK Home Office biometrics consultation process.