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AN UPDATE ON ANPR
According to Chief Commissioner Sir Andrew Leggatt, police cameras that read number plates could be ruled illegal, the Government's most senior surveillance chief has warned.
The proliferation of Automatic Number Plate Recognition cameras breach a human rights law, which says police should get special permission before conducting covert surveillance, Chief Commissioner Sir Andrew Leggatt said.
The government has just spent £ 15 million on a brand new system of mobile and fixed ANPR units across the national roads network.
ANPR cameras are used by police to automatically check passing number plates against a database of untaxed, uninsured and stolen vehicles, as well as those used in crime or linked to wanted criminals. Bearing in mind that by DVLA's own admission they have an error rate of 32% in their records.
But Sir Leggatt, of the Office of Surveillance Commissioners, which regulates covert surveillance by police, has told the Prime Minster that evidence from the cameras is "vulnerable to challenge" in court under the Regulation of Investigatory Powers Act 2000 (RIPA).
He said the evidence could be rendered inadmissible unless the way police use ANPR is changed.
Under RIPA, officers are supposed to get authorisation to use the technology on individual road users.
Authorisation would have to come from one of the surveillance commissioners and, even if it were sought, "It is unlikely that the deployment could be authorised under RIPA", according to Sir Leggatt.
“Because details of suspect vehicles are recorded on a central database, there may be human rights issues in connection with any use of private information to build up pictures of the movements of particular persons or vehicles".
In the Annual Report of the Chief Surveillance Commissioner to the Prime Minister and Scottish Ministers, Sir Leggatt said, "Even if the presence of an ANPR camera is apparent, surveillance nevertheless remains covert if occupants of vehicles are unaware that the camera may make and record identifiable images of them.
"Explaining the true purpose of the equipment briefly is not easy. It is not possible to lay down rules as to what will amount to adequate notice of the presence of the camera and of its function.
"The unanimous view of the commissioners is that the existing legislation is not apt to deal with the fundamental problems to which the deployment of ANPR cameras gives rise."
Adding that the Government's only hope of tackling the problem was to introduce new laws, saying, "The Commissioners are of the view that legislation is likely to be required to establish a satisfactory framework to allow for the latest technological advances."
According to James Welch, legal director of human rights group Liberty, any new Bill would be likely to face opposition and could take years to come into effect.
He said the problems could give government an incentive to speed through the introduction of new microchips hidden in number plates, which can be tracked by roadside readers.
Last year the government was set to begin trials of number plates containing Radio Frequency Identification (RFID) chips, or 'spy chips'. A technology similar to ANPR but more efficient, allowing up to 200 moving vehicles to be identified each second and does not require line of sight. A plate containing one of the chips has already been developed to fit bikes. A technology that is extremely easy to clone, as was found in Holland when thousands of peoples ID details was stolen in seconds.
Because RFID technology does not record identifiable images of people, it would be less likely to fall foul of the same problems as ANPR. However, Liberty would nevertheless have concerns about the potential uses of the technology.
Mr. Welch said, "I don't think it would deal with all the human rights issues because obviously it's just as much about tracking the movements of vehicles."
An Association of Chief Police Officers spokeswoman said: "All forces have ANPR capability. Last year the Home Office funded forces with £12m to support ANPR.
A further £3m had been provided by the Home Office to pay for the National Data Centre where riders' details are stored.” Declining to comment on the implications that Mr Leggatt's report may have for the scheme.
A Home Office spokesman said: "We thank Andrew Leggatt for his report. There is a review currently underway in the Home Office into how ANPR is used.
"Following on from this, we will respond to the points raised by the Chief Surveillance Commissioner."
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