Paul Schwartfeger advises Facewatch in successful biometric data processing compliance investigation

The ICO scrutinised Facewatch’s live facial recognition technology, as used by major retailers including The Southern Co-op and Frasers Group. The technology works by identifying the presence of individuals reasonably suspected of committing a crime in a Facewatch-secured store, enabling retailers to take appropriate measures to attend to those individuals when they enter. Retailers’ direct customer service interactions, triggered by Facewatch’s alerts system, thereby help Facewatch clients to reduce incidents of theft and violence at their stores. Privacy is ensured by the system’s near-instantaneous discarding of the biometric data of genuine shoppers, unless matched to a relevant record, as well as through other checks and balances.

Paul was integral to Facewatch’s successful outcome with the ICO, having spent time with the company reviewing its documentation, working on its policies and assisting with the design of some of its key procedures, leveraging his experience of hi-tech systems from his former career as a technologist before he was called to the Bar. Paul’s advice and recommendations as an expert on data and privacy law ensured Facewatch satisfied the requisite necessity, transparency, proportionality and balancing tests for personal data processing, and helped the company “design in” procedures which ensure those classified as vulnerable do not become subjects of interest in its system.

Following the ICO investigation, Facewatch has received a ‘most commendable’ rating from the UK Biometrics Commissioner, Professor Fraser Sampson, further demonstrating the company’s commitment to the responsible processing of personal data.

Facewatch Founder Simon Gordon said: “Paul is super bright, and his tech background enabled him to advise us not just on the law but also practically to improve our processes and ensure compliance above and beyond the legal requirements. He is the man who finally got us over the line!”

Paul Schwartfeger comments, “Throughout the ICO investigation, Facewatch properly engaged with the issues of data protection and privacy and kept these front and centre when making design and development decisions. The ICO’s decision is an important part of recognising how a well-planned and well-executed Live Facial Recognition system can comply with UK data protection laws.”

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Paul extends his thanks to Dean Armstrong KC & Richard Dutton of ELIAS for their input and assistance in the matter.