GDPR / ICO Complaint Filed Against IFSEC Show Facial Recognition

Have you had a chance to look at some EU/Western based facial recognition companies and quiz them re: GDPR, for example Herta (Spanish company)? 

This is going to get interesting, one could argue that the very act of recording faces and the possibility of a human looking at them to determine or process individual data as defined in art.9 GDPR also contravenes GDPR.
This would effectively mean most if not all CCTV installations are not GDPR compliant.
Using the same argument you can also say that no more data is recorded in the act of facial recognition than a standard CCTV recording, and no more processing is carried out automatically than would be done by a human looking at the recording.
I am sure the intended purpose of GDPR is not to effectively outlaw CCTV so the second scenario would seem logical
However I think that once you get in to recording and comparing captured images against stored images in a database, the question of EXPLICIT permission really does become a real question that needs looking at.

I'm just going to stir the pot here a little, but do the photos that have been taken covering the show and uploaded here also violate the GDPR ?

Should all faces be blurred before uploading ?

Genuinely curious to see where the line gets drawn...

Good luck.

How did you identify who to file the complaint with?

Reading this:

biometric data for the purpose of uniquely identifying a natural person

I am taking this to mean facial recognition, not just detection.  The images you posted have gender/age/expression type of information, not "This person is John H."  Also, they are not identifying anything like religion or political affiliation or anything else in the "prohibited" list.  So is this in violation?

Good to see that people are taking action to cases that break the privacy law. The combination of the enormous increase in the number of installed security cameras and the recent gain in image recognition possibilities with deep learning makes privacy a serious issue. "Big Brother" is becoming a serious thread nowadays. With the new GDPR law, Europe is trying to protect its people by limiting the amount of privacy that will be invaded by the mass surveillance concept. To imply this rule, every citizen can file a complaint to a offender of the law. That is a great way to maintain the law. Kudos for IPVM for taking action in this case. Let's take privacy very serious!

Interesting case, lets see what happens.

When it comes to using facial detection the guidelines (published in Dutch) are not conclusive and refer also to the previously applicable laws.

That set of laws gave the following info, it could be allowed if:

• a. The research serves a general interest,
• b. the processing for the relevant investigation or the relevant statistics is necessary,
• c. asking for explicit consent proves impossible or requires a disproportionate effort
• d. the performance is provided in such a way that the privacy of the person concerned is not disproportionately harmed.

Next to this, the GDPR demands data minimization.

For a case where a face recognition camera is used at a mall, you could argue that point C is applicable: 'requires a disproportionate effort´. You can´t ask everyone entering the mall to sign a waver.

When you combine that with data minimization you could build it in such a way that only shoplifters are registered and blacklisted to alert the security team when they enter.

If the face camera only gives a notice when the blacklist is triggered and if the  proces of who views the video and how they do so is registered... it should be no problem.

No faces would be registered, only a trigger when an unwanted guest appears.

Update: We have not received a response yet from the ICO. However, we did send a copy to the UK Surveillance Camera Commissioner (Tony Porter's office) and they provided the feedback below, emphasizing this is the role of the ICO to cover:

The Surveillance Camera Commissioner regulates the overt use of surveillance camera systems by relevant authorities in England and Wales pursuant of the Protection of Freedoms Act 2012. Relevant authorities are defined in the legislation and include the police, local authorities and parish councils. The Surveillance Camera Commissioner does not have authority to regulate the use of surveillance camera systems operated by other organisations, nor does he have powers which enable him to inspect or audit CCTV systems, enforce laws or otherwise impose a financial or other sanction. 

The Commissioner does not have access to legal advice and the question that you raise relates to matters which are outside of his scope, namely compliance with the General Data Protection Regulation (GDPR) by a non-relevant authority at a recent IFSEC event. 

The EU’s GDPR is supplemented by the UK’s Data Protection Act 2018, which is separately regulated by the Information Commissioner’s Office (ICO). I note that you have already submitted a complaint to the ICO and they are the appropriate regulatory body to liaise with in respect of any enquiries arising from that legislation.

Update: A response from the ICO acknowledging our complaint and confirming that it is in queue:

Thank you for your email regarding your data protection concern about UBM Plc.

Your case is currently in our work queue waiting to be allocated to a case officer. We deal with a large number of concerns and aim to deal with them in date order.

Once your case has been allocated, the assigned case officer will contact you to advise you of the next steps.

In the meantime, if you have any additional information which you would like us to consider, please forward it on to the case quoting the above reference number.

Thank you for your patience in this matter and we shall be in touch shortly.

We will update as we get more feedback though ICO gives no sense of how long the queue is nor how long we might have to wait.

"Your case is currently in our work queue waiting to be allocated to a case officer. We deal with a large number of concerns and aim to deal with them in date order. "

two things:

1.  Replying to cases in chronological order - without any prioritization effort - means that nobody even looks at each complaint as it comes in.  So, egregious cases with obvious violations take no precedence over neighbor squabbles about cameras pointing at each others yards.

This indicates that the ICO doesn't really care about what they are purportedly enforcing, and instead have already become just another governmental agency who can be expected to fight for more and more tax dollars each year so they can hire more case officers.

2.  Even unintentionally, the amount of complaints seems to be more than the ICO can handle effectively.  Any intentional effort to overload the ICO with complaints could render the effort to enforce the GDPR more useless.