Need to Complain about Facial Recognition?

Here’s a simple decision flowchart you can follow to decide whether to use a Subject Access Request (SAR), a complaint, or escalate further.

Facial Recognition Challenge Flowchart (UK)

Step 1: What is your goal?

A. “I want to know what data is held about me”

→ Use a Subject Access Request (SAR)

Request records, biometric data, and processing details

Send to the organisation involved (e.g. a police force such as the Metropolitan Police Service or a private company)

Then wait for response (up to 1 month)

B. “I believe facial recognition was used unfairly or unlawfully”

→ Go to Step 2

Step 2: Do you already have evidence or details?

👉 If NO (uncertain what happened)

→ Start with a SAR first

This helps you gather facts before making a complaint

👉 If YES (you have an incident, location, or experience)

→ Submit a Formal Complaint

Address issues like:

• Lack of transparency

• Unclear legal basis

• Disproportionate use

• Potential misidentification

Step 3: Did the organisation respond satisfactorily?

👉 If YES

→ No further action needed (or optional follow-up)

👉 If NO or unsatisfactory

→ Escalate to the regulator

Submit a complaint to the Information Commissioner's Office

They assess compliance with UK GDPR and data protection law

They may investigate or take enforcement action

Step 4: Is a public authority involved (e.g. police)?

👉 If YES

→ Consider Judicial Review

Challenges legality, proportionality, and procedure of the decision

Often used in cases involving police deployment of facial recognition

A key reference point in this area is the Bridges v South Wales Police case, which shaped how courts evaluate safeguards and legality.

Step 5: Seek additional support (optional but common)

You may also:

Consult a solicitor (data protection / human rights law)

Seek guidance from advocacy groups like Privacy International

Prepare evidence for potential legal action

Summary in Plain Terms

SAR → “What data do you have about me?”

Complaint → “What you did was wrong or unlawful”

ICO complaint → “A regulator should investigate this”

Judicial review → “A court should review a public authority’s decision”

Next: a step-by-step guide on what to do next and how to formally raise a complaint

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