Privacy campaigners have filed a legal complaint with the UK’s Information Commissioner, arguing that retail giant Asda’s use of live facial recognition cameras in its supermarkets is “unlawful”.

The legal complaint from rights group Big Brother Watch claims that Asda “is infringing the data rights” of shoppers following a trial of live facial recognition in five Greater Manchester stores, and is calling on the Commissioner to halt the retailer’s use of the technology.

According to Big Brother Watch’s complaint, Asda’s use of the controversial technology is placing shoppers’ data at a high degree of risk, arguing that such biometric surveillance poses significant risks to customers’ fundamental right to privacy. 

The privacy NGO said that with under the system, supermarket staff can add individuals to a facial recognition watchlist, marking them as a “person of interest”, although it claims shoppers are not informed when their facial biometric data, similar to the data held on modern passports, is stored or added to the supermarket’s watchlist.

Big Brother Watch further alleged that the supermarket uses the biometric profiles of certain shoppers to create an alert if they enter a store and shares these profiles, along with allegations of unwanted conduct, between stores, however, staff do not provide or receive photos from the police.

In trialling the tech, Asda is the first UK-wide supermarket to install live facial recognition, with Big Brother Watch warning that if rolled out to more of its UK stores, Asda’s facial recognition tech could have a profound impact on the data rights of tens of millions of people.

“Asda’s decision to trial Orwellian facial recognition technology in its shops is deeply disproportionate and chilling, and risks violating the privacy rights of thousands of people,” said Madeleine Stone, senior advocacy officer at Big Brother Watch.

“Facial recognition surveillance turns shoppers into suspects by subjecting customers browsing the supermarket aisles to a series of invasive biometric identity checks.

“Asda should abandon this trial and the government must urgently step in to prevent the unchecked spread of this invasive technology.”

Setting out to warn Asda’s customers of what it called an attempt to “roll back their privacy”, Big Brother Watch has sent the world’s largest digital ad van to tour the five stores using facial recognition.

However, in response, Asda said that the technology was only being implemented for a limited period in its Greater Manchester stores, with an Asda spokesperson telling DIGIT: “Like all retailers, our stores are subject to unprecedented levels of retail crime and on average four Asda colleagues were assaulted at work every day last year. 

“We have launched this trial in five stores for a limited period to assess how it can keep colleagues and customers safe.

“This trial uses Asda’s existing CCTV system and fully complies with all data protection regulations.”

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It’s not the first time that Asda has clashed with the privacy NGO over this issue. 

In 2019, the retailer denied using facial recognition cameras at its Preston store, insisting that the tech was only being used to improve CCTV quality and deter thieves without logging any personal information from customers. 

Six years later, this latest trial hit headlines last April with Asda reportedly being swamped by more than 5,400 complaints in what Big Brother said was a backlash from the public for using intrusive surveillance technology, a claim that the retailer roundly rejected, saying it had only received 89 emails about the trial through its official channels. 

Image Credit: Big Brother Watch