Written Evidence to the House of Commons Science and Technology Committee Inquiry into the Current and future uses of biometric data and technologies, submitted by Chief Constable Chris Sims - ACPO Forensics Portfolio

1. Introduction

This submission is made on behalf of the Association of Chief Police Officers (ACPO). It concentrates on the role that biometric data and technologies play in the reduction of crime and bringing offenders to justice.

It is acknowledged that biometrics plays a vital role in allowing a person to verify their own identity and that this supports a wide range of activities that policing contributes to and benefits from. These areas, which include borders and immigration, will, no doubt, be commented upon by other organisations. It is worth noting, however, that there is a very logical drive, supported by issues of cost and technology, to draw together police use of biometrics data and technologies with that of other arms of government. This move, with the appropriate safeguards, is strongly supported by ACPO.

2. Current Usage

This section of the submission will focus on the current use of biometrics data within policing concentrating on Fingerprints, DNA and Imagery. Biometric data contributes to the prevention of crime through general and specific deterrence and makes a very significant contribution to the investigation of crime through the identification of suspects and the elimination of the innocent from investigations. This contribution falls disproportionately on more serious investigations involving such crimes as murder and rape. Biometrics data and its sister discipline forensic science have also made a very significant contribution to burglary and vehicle crime, both of which have reduced very significantly in the past decade.

Biometrics data is also used by the police to link an individual with their criminal record (or absence of a record). The primary means of achieving this is fingerprints.

2.1  Fingerprints  

Fingerprints remain the most important form of biometric data used by the police. The national fingerprint collection retained on the Ident1 database in digital form consists of 7,753,661 subjects relating to 22,352,589 arrest sets of ten prints (fingers) and 4,494,832 subjects have palm prints relating to 13,020,497 individual arrest sets of palm. Police fingerprint bureaux operating at force, or increasingly regional level, input fingerprint sets taken from arrested subjects to maintain the national data set. Fingerprints and marks recovered from the scenes of crime by Police Forensic Scene Investigators are then compared with the database to find potential suspects. Match reports are provided to police investigators and are used with other evidence to build prosecution files for the Crown Prosecution Service to consider.

To illustrate the point, between September 2013 and August 2014, the number of crime marks recovered from scenes that were matched to existing fingerprint records averaged 4,531 per month.

As stated earlier, fingerprints are also used as the primary means of linking a person to their criminal record held on the police national computer. If this record is disputed further fingerprints are used to address any irregularities.

2.2   DNA

The national DNA database holds 5,716,085 samples taken from people at the time of their arrest and held under the new terms set out by the Protection of Freedoms Act 2012. These samples are taken by police officers and staff primarily in custody areas, processed by commercial suppliers and then loaded onto the DNA database as digital profiles. The entire process is carefully managed against exacting standards.

Like fingerprints, DNA is recovered from crime scenes, victims or the suspect, developed into a profile and then run against the database to seek a match. The database provides intelligence in the form of match reports.

When a DNA profile found at a crime is searched against the NDNAD, there is a 61.9% chance [2013-14 figure] that the database will produce a match. This match rate is one of the highest in Europe, and has increased year on year as the database grows more effective. The table below shows the types of crimes which were loaded in 2013-14. (The 61.9% figure does not include crime scenes which match another crime scene on loading. Matches are also excluded where the loaded record was deleted in the same month as being loaded to the NDNAD – if these matches were included the rate would be 64.9%).

CRIMES LOADED TO THE NDNAD, 2013-14       NDNAD MATCH RATE ON LOADING A CRIME, 2003-14

Further matches will occur when a new individual is added to the database, and matches to a crime already on the database. As of 31 March 2014 there were 168,519 crimes on the database which have yet to be matched and could be solved if the perpetrator’s DNA was taken and added to the database. Everyone who is arrested will have their DNA searched against existing crimes on the database – even if their profile is to be deleted.

The NDNAD generates matches to crimes following routine loading of a crime scene profile or an individual’s profile to the database. It can also produce matches using specialised search techniques, for instance an urgent search service is available 24 hours a day for use in the most serious crimes where the police need results within hours.

The NDNAD produced the following matches in 2013-14:

ROUTINE MATCHES BY CRIME TYPE 13-14   

Data collected from police forces in England and Wales shows that in 2013-14, 17,152[[1]] crimes were solved (‘detected’) following an NDNAD match.  49% of crimes loaded to the NDNAD are solved - for crime overall, the detection rate is just 30%. The NDNAD helps solve a significant number of the crimes searched against it, but in the majority of crimes, the likelihood of DNA evidence being found is low.

2.3  Imagery

This is a less well developed area of biometrics. Police, for many years, have taken photographs of suspects during the custody process. More recently these images have been held digitally and are capable of being used within the emerging science of facial recognition. ACPO is undertaking concerted work to ensure that the regime under which images are taken, retained and used meets the same thresholds as they set for other biometric data. For this reason, information on the number of images held and their use is still not collated nationally.

3. Governance  and Legitimacy

ACPO takes very seriously the governance of biometric data, recognising that its continued use rests upon public acceptance of its legitimacy. ACPO is also committed to ensuring that it operates to the highest scientific standards to ensure that courts can have confidence in the evidence being presented.

The ethical framework which supports the police use of biometric data is underpinned by strong governance arrangements and the move to regulated standards.

3.1 Governance

Strong governance arrangements have been developed around the DNA database. A Board, chaired by Chief Constable Chris Sims of West Midlands Police, meets to oversee the current running and future development of the database. This board benefits from the work of the DNA Ethics Group, chaired by Chris Hughes, and the expertise of the staff running the database led by Kirsty Faulkner.

The Board has a tripartite structure that includes Police and Crime Commissioners, representatives of the Home Secretary and police officers. One of its duties is to publish a report each year outlining the activities of the Board and the performance of the Database.

ACPO is seeking to replicate this structure in terms of Fingerprints which currently do not benefit from this level of transparent Governance. Chief Constable David Shaw is leading this this work. If successful, ACPO would want to extend this approach into Imagery.

3.2 Standards

ACPO is working closely with the Regulator to develop and apply externally verifiable standards to the collection and use of forensic and biometric material. A structured plan has been developed that has systematically applied ISO 17025 to priority areas of work using UKAS as the external verification agency. ACPO looks forward to discussing with the new regulator Gill Tully how this work can be advanced.

           3.3 Legislation

The Police Service has worked hard to overcome the very significant challenges presented by the implementation of the Freedoms Act. ACPO recognises the important balance between privacy and security that sits at the heart of discussions of biometric retention. It welcomes the public debate that accompanied the Act and previous proposed legislation. It would now hope for a period of stability so that the new retention regime can settle and police effort can be redirected towards better protecting the citizen.

4. Future Developments

Biometrics and Forensic Science remain dynamic areas. This part of the submission will touch upon some of the immediately foreseeable developments across the three areas of biometrics and then address the wider question of how to sustain innovation.

4.1   Fingerprints

The major change that affects Fingerprints will be the plan to replace the current Ident1 system, which contains digitally, the national fingerprint collection.

This work is well advanced and is likely to be delivered in stages. Positive opportunities exist to combine the police usage of Fingerprints with that of the Border Agency. This would create the potential for significant changes. New technology would also support greater flexibility to re-define the national landscape of police Fingerprint business, allowing expenditure to be concentrated at fewer sites.

4.2   DNA

Important developments within the Database have seen the recent move from SGM+ to the newer 17 point standard. This provides some extra assurance around greater interoperability. At the tactical level there are now a series of complimentary trials testing the application of Rapid DNA systems. This new technology has the potential to both change the current business process around DNA and impact on the market. International Data exchange continues to be an important driver of activity.

4.3   Imagery   

There are many developments around digital imagery as technologies such as facial recognition continue to mature. In West Midlands Police, for example, the innovation partner Accenture are looking at the application of ‘face in the crowd’ technologies across the wealth of CCTV footage available. It is recognised that infrastructure challenges will need to be overcome for this technology to be applied successfully.

4.4   Innovation

ACPO is pursuing a layered approach to Innovation. Many forces have strong relationships with local universities and a piece of work led by the ACPO Forensic Innovation Group, chaired by Chief Constable Dee Collins, is helping to shape research and development opportunities.

ACPO works closely with Home Office CAST (who are committed to some work on Real Time Forensics and act as a gateway to the Forensic Science Special Interest Group (FoSci SIG) which is funded by the Technology Strategy Board and enables closer networking between users, suppliers, technology developers and academics. Innovation is also supported by the Forensic Providers. Early thinking about the creation of longer term commercial relationships discussed below.

5. Other Issues

Police Forensic Science and the biometric data that support it remain in something of a state of flux. Following the closure of the National Policing Improvement Agency, most of the central forensic functions including the DNA Database, moved into the Home Office.

ACPO has developed an operational strategy which recognises work to improve legitimacy, enhanced efficiency and effectiveness, developing cohesive biometric systems and supporting innovation as the four key pillars. Each of these areas is led by a senior police officer and draws to it expertise from across the police forensic community.

Work is in hand to develop an overarching national strategy that would be inclusive of the other stakeholders within the Forensic and Biometrics arena. Working through this national strategy will help to understand the new accountabilities that sit behind the current arrangements.

A critical element of both the operational and overarching strategy will be the development of the commercial market. The external forensic market has continued to contract driven by the pressures of austerity, very significant reductions in key crimes that impact on forensic usage (Burglary has fallen by 47% since 2003 in England and Wales, Vehicle crime by more than 60%), changes to business processes and the impact of innovation.

The market has reduced from a peak of about £170 million per year to something nearer £70million in 2014. Even allowing for the departure of the FSS, this still represents significant market turbulence. This issue is being addressed by ACPO and there is active discussion about the development of longer term commercial partnerships.

6. Conclusion   

This submission demonstrates the continuing importance of biometrics data and technologies to police efforts to reduce crime and shows the efforts being made to develop new approaches in the context of creating strong governance.

Chris Sims QPM

Chief Constable West Midlands Police

ACPO Forensics Portfolio