#2 Jun 2023 Q6* 8 marks (banded QWC) 1.6 ethical/legal/privacy — facial recognition CCTV

Question

6* A shopping centre has a security system that includes CCTV cameras to record activities in the centre. The security system is being upgraded to include the use of facial recognition to identify, track the movements of and record individuals throughout the shopping centre.

Discuss the positive and negative impacts of this upgrade including:

  • ethical issues
  • privacy issues
  • legal issues

[8]

Why this question is tricky

Some responses gave strongly negative arguments with little, if any, consideration for the positive impacts. Some candidates also chose to focus on the introduction of CCTV cameras, where the question states there are already CCTV cameras and the discussion is about the upgrade to facial recognition.— J277_01_ER_Jun2023.txt lines 381-385

MS complexity 10/10: Banded L1/L2/L3. Two structural traps stack — off-scenario response (must address the upgrade to facial recognition, not CCTV in general) AND one-sided argument. DPA 2018 is expected.

Full-marks model answer

The shopping centre is upgrading its existing CCTV system to add facial recognition, so this discussion is about the upgrade — the move from passive recording to active identification, tracking and recording of named individuals.

Legally, the upgrade brings the centre under the Data Protection Act 2018. Because facial recognition stores biometric data that can identify a person, the centre must follow DPA rules: customers must be informed that the system is in use, the data must only be held for a specified time and reason, and it must be kept secure. Failure to comply could lead to a fine from the ICO. There are legitimate legal uses too — facial recognition can be used to identify people committing crimes such as theft, and the footage can be used as evidence to make sure the correct people are caught.

Ethically, there are real positives: users may feel safer because they know any criminal actions are being monitored and that help or action will be taken if needed. If users have not done anything wrong then in principle there is no reason their movements need to impact them. Against this, customers may feel unsafe because they are being constantly watched, and they may be unaware they are being recorded — they need to be informed and to give consent. Users also do not know where the videos and data about their movements are stored or how that data is used, which feeds back into the DPA concern above.

In terms of privacy, customers may feel the upgrade is an invasion of privacy because facial recognition tracks them personally rather than just recording a space. They may feel like they are being watched all the time, and they may not have given their permission to be tracked and identified individually. The counter-argument is that a shopping centre is a public place where users can legally be recorded by anyone anyway, so the upgrade does not change the legal position on filming — only on identification.

Conclusion. The shopping centre should only proceed with the upgrade if it puts strict DPA-compliant policies in place — clear signage informing customers the system is active, a published retention period, secure storage of biometric data, and a stated purpose limited to crime prevention. With those safeguards the legitimate security benefits outweigh the privacy concerns; without them, the upgrade is likely to breach the DPA and damage customer trust.

Mark allocation (Band 3, 7–8 marks)
  • Opening anchors directly to the upgrade — avoids the off-scenario CCTV-in-general trap.
  • Legal paragraph names Data Protection Act 2018 with three DPA requirements + crime-detection use — MS: "DPA needs to be followed / customers informed / data held for specified time/reasons / data kept secure / can be used to identify people committing crimes".
  • Ethical paragraph balances positive (feel safer) and negative (unaware, no consent) — MS: "Users feel safer because they know any actions are being monitored / Users feel unsafe / Users may be unaware they are being recorded".
  • Privacy paragraph names invasion of privacy AND the public-place counter-argument — MS: "Users may feel it is an invasion of privacy / Users are in a public place and can be legally recorded by anyone anyway".
  • Conclusion ties all three bullets back to a judgement — Band 3 descriptor "well-developed line of reasoning... clear and logically structured".

Watch out for...

Two killers: (1) discussing CCTV in general — the question is about the upgrade to facial recognition; the centre already has CCTV. (2) Being relentlessly negative. The MS expects positive AND negative impacts — force at least one positive per bullet (legal: crime detection; ethical: feeling safer; privacy: public-place counter-argument). Always name DPA 2018 explicitly.