Privacy fears over possible Garda use of Alexa to collect evidence

The State’s human rights commissioner has expressed concern about the potential use by the Garda of voice-controlled technologies, such as Amazon’s Alexa, to gather criminal evidence.

The use of emerging surveillance technology, such as facial recognition software and Alexa-like products, must be explicitly set out in legislation and subjected to “effective scrutiny”, the Irish Human Rights and Equality Commission (IHREC) is to tell Minister for Justice Helen McEntee this week.

It expressed concern that a forthcoming omnibus Bill covering Garda surveillance, including the use of body cameras and drones, is silent on the subject of other emerging forms of technology.

“We’re seeing a rapid development of new technologies in the area of video and audio recording from facial recognition, to drones, to body cameras and even devices which can record conversations in our homes,” said IHREC chief commissioner Sinéad Gibney

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“It is vital that this new law incorporates from the outset the necessary human rights and equality protections for people today, and into the future.”

Devices such as Alexa and Google Nest are capable of recording at all times. In recent years police forces in other jurisdictions have used the data they collect as evidence, raising privacy and human rights concerns.

Gardaí have denied using facial recognition technology, although there is some evidence that the force has previously expressed interest in it. The Garda and other State agencies uses drones.

In its submission on the Garda Síochána (Digital Recording) Bill, IHREC said the legislation proposes "radical change" to how gardaí can gather information, including through the use of body-cameras, automatic number plate recognition (ANPR) and CCTV.

Body cameras

If gardaí are to use technology such as voice and facial recognition technology, it needs to be detailed in law and subject to independent monitoring, it said, adding that this oversight should be carried out by an existing independent body, such as the Policing Authority, or a new agency.

The Bill is expected to include drones under the definition of recording devices that may be used by gardaí. IHREC said the use of drones for policing purposes “should be substantially evidenced” before being included in the law.

It added that there needed to be careful examination of the impact gardaí using body cameras would have on “the right to privacy, protection of data, freedom of expression and assembly, and right to a fair trial”.

The use of such cameras needs to be “proportionate and necessary in the prevention of disorder or crime,” it said.

A pilot rollout of body cameras is to take place later this year in several Garda divisions before an expected nationwide rollout next year.

IHREC said when gardaí intended to use such a device they should tell people “in an accessible language” that they were being filmed. A person should also be informed if their image is going to be used in a facial recognition system, it said.

The Irish Council for Civil Liberties has also expressed concern about privacy implications of body cameras. It said the pilot programme should be used to gather hard evidence on whether they were an effective crime deterrent, rather than it just being step one of a national rollout.