Reply to post: Re: Keeping pace?

Welsh police use of facial recog tech – it's so 'lawful', rules High Court


Re: Keeping pace?

There is an argument which may be slightly different.

Taking the image may well be lawful. It is no more than photographing a crowd or a snapshot of an individual. Police and other systems do this all of the time. But associating a name with a particular image may well be unlawful. Particularly if it has less than 50% probability of being that person.

So in civil law it is necessary to prove that on the balance of probabilities that there is a causal relationship, which is quite obviously not the case it the probability of the accuracy is less than 5%.

And for criminal law with its beyond all reasonable doubt requirement this is much more difficult.

So if this information is associated with your image then presumably this could be described as libelous if published or otherwise slanderous.

And anyone who claimed "we have reason to believe" would be knowingly propagating a libel or a slander.

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