UK ICO Guidance on Video Surveillance including CCTV (2022)
Technologies other than CCTV – UK ICO Guidance on Video Surveillance including CCTV (2022)

UK ICO Guidance on Video Surveillance including CCTV (2022) T.4(c): T.4(c) Facial recognition on consent: a real choice and a non-biometric alternative without detriment

Consent for facial recognition is valid only as a fully informed, freely given choice, which is very hard in public spaces; without it another lawful basis is needed. Using FRT must not cause detriment: for authentication an alternative such as a key code or another entrance should be offered (a gym requiring face scans for entry has no valid consent; offering a membership card makes explicit consent possible). The ICO's school case study adds that biometric cashless catering for pupils needs a DPIA first, explicit consent with a genuine alternative that brings no disadvantage (swipe cards, PINs or cash without longer waits or higher prices), a child-friendly privacy notice, bias testing and, in England and Wales, the Protection of Freedoms Act 2012 parental consent rules.

Maintained by Gerard Blokdyk

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  • Art.7 Article 7 Conditions for consent

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