The Authority oversaw a Police review after receiving several complaints about a Police trial of facial recognition software (Clearview AI). The review involved a stocktake audit of the extent of Police involvement in emergent technology trials.
The results of the review are publicly available at https://www.police.govt.nz/about-us/publication/engaging-technologies. The scope, objectives, and methodology of the review are set out in this document. The methodology included assessing Police's trials of emerging technology against the Government Chief Data Steward's and the Privacy Commissioner's Principles for safe and effective use of data and analytics (2018), and looking at both domestic and overseas models for comparisons on how to approach trials of emergent technology.
The review found that the Clearview AI software was trialled between February and March 2020 and was deemed not operationally viable. In addition, it found that, whilst an internal governance group approved the trial, there was no consultation with the Privacy Commissioner or Government Chief Data Steward. The trial was also undertaken without approval from the Police Executive.
The review described Police's use of emergent and surveillance technologies as generally conservative (in comparison with other models), well-considered, and broadly compliant with privacy and data security principles.
However, in response to issues identified in use and roll-out of emerging technology, the review recommended the establishment of a central governance group for emergent technologies which will report directly to a member of the Police Executive, the introduction of a new policy to provide staff with guidance for using new technologies effectively and lawfully, and a closer and more comprehensive look into the ethical and privacy implications of technologies which have already been rolled out within Police.
The recommended governance body has now been established, and in September 2020 Police released their new policy on proposals to test or trial use of emergent technologies. The policy, and associated documents, are available on the Police website at: https://www.police.govt.nz/about-us/publication/policy-proposals-test-or-trial-use-emergent-technologies
The Authority agrees with the Police outcome and recommendations.
IPCA: 20-3370 & 20-3351