A privacy rights group has filed a complaint with the ICO amid claims that Southern Co-op’s use of live facial recognition cameras is “unlawful”.

The legal complaint from Big Brother Watch argues that Southern Co-op’s use of biometric technology is “infringing the data rights of a significant number of UK data subjects”.

Southern Co-op uses facial recognition software developed by UK company Facewatch in 35 stores across Portsmouth, Bournemouth, Bristol, Brighton and Hove, Chichester, Southampton, and London.

Supermarket staff can add individuals to a facial recognition “blacklist”, the privacy group revealed, making them a “subject of interest”.

Shoppers are not informed if their facial biometric data, similar to the data held on modern passports, is stored or added to the supermarket’s blacklist where it is kept for up to two years.

Photos of shoppers who are not on any watchlist may also be kept for several days for Facewatch to “improve its system,” according to documents analysed in the complaint.

The privacy group’s complaint claims that this poses “significant risks” to shoppers’ rights and freedoms.

Big Brother Watch director Silkie Carlo described the retailer’s use of the facial recognition system as “Orwellian in the extreme” and called on the Information Commissioner to take immediate action.

She said: “The supermarket is adding customers to secret watchlists with no due process, meaning shoppers can be spied on, blacklisted across multiple stores, and denied food shopping despite being entirely innocent. This would sound extreme even in an episode of Black Mirror, and yet it is taking place right now in Britain.

“This is a deeply unethical and frankly chilling way for any business to behave and I’d strongly recommend that people do not shop at the Southern Co-op whilst they continue to spy on their shoppers.”

Recommended

• Comment | What is the future of data management?
• UK Gov expands its Help to Grow: Digital scheme
• Scottish researchers leading project to improve bowel cancer diagnosis

According to correspondence between Southern Co-op and Big Brother Watch, staff do not give photos to the police, but instead use the biometric profiles to create an alert if certain shoppers enter the store and to share allegations of unwanted conduct between staff in different stores.

But the privacy rights group warned that biometric images of “subjects of interest” can be shared with other companies that have access to Facewatch software.

“Shoppers’ photos can be shared in an 8 mile radius from where they are taken from stores in London, or up to a 46 mile radius in rural locations,” the privacy group claimed.

“High Risk Locations”

In a statement to the BBC, Southern Co-op said it only uses the facial recognition system in stores which have a previous history of crime or misconduct.

The retailer said it welcomes any “constructive feedback” from the Information Commissioner as a result of the complaint.

“We take our responsibilities around the use of facial recognition extremely seriously, and work hard to balance our customers’ rights with the need to protect our colleagues and customers from unacceptable violence and abuse,” a spokesperson said.

“The safety of our colleagues and customers is paramount and this technology has made a significant difference to this, in the limited number of high-risk locations where it is being used.”

Get the latest news from DIGIT direct to your inbox

Our newsletter covers the latest technology and IT news from Scotland and beyond, as well as in-depth features and exclusive interviews with leading figures and rising stars.

Click here to subscribe.