Court of Appeal: Sir Terence Etherton MR, Dame Victoria Sharp P and Singh LJ  EWCA Civ 1058, 11 August 2020
The Court of Appeal allowed the Claimant’s appeal against the decision of the Divisional Court that the Defendant had not breached the PSED in its trial of live automated facial recognition technology (“AFR Locate”), by which the Defendant compared images of members of the public captured by surveillance cameras to images of persons on a watchlist. It was argued on appeal that AFR Locate breached Article 8 ECHR, data protection legislation and the PSED. This note is concerned only with the PSED challenge. The decision is an important one in that it underlines the proactive nature of the PSED and the evidence-gathering obligation it places on public authorities.