Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors fact matched by the software). The threshold value is generally suggested by the manufacturer, and depends on the intended use of the AFR system. Most AFR systems, however, allow the end user to change the threshold value to whatever they choose. SWP’s use of AFR 10. SWP is the police authority which is the national lead on testing and conducting trials of AFR. SWP has a licence to use proprietary AFR software developed by NEC (now North Gate Public Services (UK) Ltd) called “NeoFace Watch software”. 11. SWP uses AFR in two ways. We are concerned in this appeal only with the use of the AFR system which SWP calls “AFR Locate”. SWP deployed AFR Locate on about 50 occasions between May 2017 and April 2019 at a variety of large public events. 12. When AFR Locate is deployed SWP mounts CCTV cameras on police vehicles, or on poles or posts, so as to capture images of the face of anyone who passes within range of the camera. As we have described above, digital images of faces of members of the public are taken from the CCTV feeds and processed in real time to extract facial biometric information. That information is then compared with facial biometric information of persons on a watchlist prepared for the purpose of that specific deployment. 13. The watchlist is created from images held on databases maintained by SWP as part of its ordinary policing activities, primarily from a database of custody photographs held on SWP’s Niche Record Management System. The images selected for inclusion on a watchlist will depend on the purpose of each specific deployment. The watchlists used in the deployments in issue in this case have included (1) persons wanted on warrants, (2) individuals who are unlawfully at large (having escaped from lawful custody), (3) persons suspected of having committed crimes, (4) persons who may be in need of protection (e.g. missing persons), (5) individuals whose presence at a particular event causes particular concern, (6) persons simply of possible interest to SWP for intelligence purposes and (7) vulnerable persons. To date, the watchlists used by SWP have comprised between 400-800 people. The maximum capacity for a watchlist is 2,000 images but, as we understand it, this is because of the limits of the technology used rather than any limitation of principle. 14. As described above, a biometric template is taken from the images on the watchlist which will then be used for the purposes of undertaking algorithmic comparisons with the facial biometrics of members of the public captured on camera. 15. If, during a deployment of AFR Locate, the software identifies a possible match between a face captured on the CCTV and an image on the watchlist, the two images are reviewed by an AFR operator (“the system operator”, who is a police officer) to establish whether he or she believes that a match has in fact been made. If, upon reviewing the images of the person on the watchlist and the person whose image has been captured by CCTV, the system operator does not consider that they are the subject of interest, then no further action is taken. If, however, it is believed that there is a match, other officers stationed nearby may be notified, and they will intervene, for example by asking to speak to the person concerned and, if appropriate, using statutory powers to stop and search or arrest the person.

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