Police facial recognition uses deleted custody photos

Custody photographs that ought to have been removed from police databases are still accessible for retrospective facial recognition (RFR) searches, according to a report by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS). The watchdog warned that the improper retention of these images could damage public trust in law enforcement's use of the technology.

HMICFRS inspectors visited seven police forces, the Metropolitan Police, British Transport Police, and forces in Cheshire, Dorset, Gwent, Northumbria, and Surrey, along with the National Crime Agency, between March and April 2026. Their findings indicated inconsistent oversight in how RFR was employed. While experienced investigators generally understood that matches from the software require further verification and cannot be used as evidence on their own, less experienced officers sometimes had a weaker grasp of these limitations.

Risks of Misidentification

The report highlighted a risk that individuals could be wrongly identified or arrested if RFR matches are treated as definitive proof. In a small number of instances, inspectors found that officers had taken inappropriate investigative actions due to an over-reliance on the technology. The lack of a comprehensive statutory framework governing police use of facial recognition technology contributes to this fragmented approach, the inspectors noted.

Audit Failures and Data Retention Concerns

The inspection also revealed issues with national audit requirements. Figures from the National Police Chiefs’ Council showed that only two forces had audited the correct number of RFR files, while seven forces had not appointed an auditor. Furthermore, the report identified that some custody images which should have been deleted according to existing retention rules were still available for facial recognition searches. This retention of images beyond their required period is an ongoing concern for the watchdog.

Future Legislation and Public Confidence

In response to these concerns, the Home Office has indicated plans to introduce tougher legislation on live facial recognition technology through the Police Reform Bill. The proposed laws aim to ensure that police use of facial recognition is intelligence-led and proportionate. The report concluded that while the public generally supports the use of RFR, continued confidence depends on transparency and effective safeguards.