Police ethics advisory group: terms of reference
Published 7 February 2025
漏 Crown copyright 2025
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1. Scope of the working group
1.1 Context/purpose
1.1.1. The protection of public safety is an important feature of the Home Office鈥檚 remit. The Home Office holds within its remit the ability to implement a number of biometric and data intelligence tools in pursuit of public safety. Simultaneously, the Home Office also has a responsibility to deploy these tools and technologies ethically.
1.1.2. As (HCWS1325), it is within the remit of the BFEG to consider, both at the request of the Home Office and on its own initiative, the 鈥渆thical issues relating to scientific services provided to the police service and other public bodies within the criminal justice system.鈥�
1.2 Scope/objectives
1.2.1. Provision of ethical advice on technological or data matters for use by policing or the wider criminal justice system, as directed by the Home Office or at the request of national (England and Wales) bodies for policing.
1.2.2. Provision of advice on ethical aspects of guidance or reports concerning science and technology in policing, at the request of the Home Office or the wider criminal justice system.
1.2.3. Provision of ethical advice on policing-related projects using advanced data processing techniques and/or large and complex datasets, under the purview of the Home Office, as they relate to the use for law enforcement. The remit includes but is not limited to:
a) Automated sorting of data
b) Amalgamation of large datasets
c) The use of data for novel purposes
d) Collection, storage, and deletion of data within large and/or complex datasets
1.2.4. Provision of advice and guidance on data protection and governance.
1.2.5. In conjunction with the AI and Emerging Technologies Working Group, this group would consider the use of novel AI tools for use by the police.
Not within scope
1.2.6. The use of biometric technologies for law enforcement purposes (such as facial recognition or fingerprinting) would be considered by other working groups, with ratification where necessary by the Police Ethics Advisory Group.
1.2.7. Consideration of local level applications would not be covered, unless specifically commissioned to be considered by the Home Office. This would continue to be addressed by local ethics committees.
1.2.8. Provision of advice on matters which are outside the remit of the Home Office, or which do not pertain to the use of scientific services (such as ethical dilemmas).
1.3 Outputs/deliverables
1.3.1. Verbal advice and recommendations, documented in meeting notes.
1.3.2. Written advice on documentation at the request of the Home Office.
1.3.3. Written reports or summaries of evidence as agreed by the working group.
2. Governance
2.1.1. This working group is a subgroup of the BFEG (Biometric and Forensic Ethics Group). This working group is not constituted as a formal His Majesty鈥檚 Government (HMG) Scientific Advisory Committee.
2.1.2. This working group has been set up to facilitate the BFEG in advising the Home Office on ethical matters relating to the collection, use and retention of biometric and forensic material, and the use of data within large and complex datasets.
2.1.3. As described under the section titled 鈥�Accountability and reporting鈥�, the recommendations of this working group will be ratified by BFEG, unless restricted by exceptional circumstances, such as insufficient time resulting from strict deadlines.
2.1.4. BFEG members within the working group are expected to adhere to the requirements of their public appointment and the overarching BFEG terms of reference.
2.1.5. The working group may set up time limited task-and-finish groups as required to complete specific pieces of work. The chair of the working group will agree these groups.
2.1.6. Any report or publications generated as a result of the work of the working group (such as in response to commissioning brief received by BFEG) or a task-and-finish group will be ratified by BFEG prior to publication and before submission to the Home Office Policy sponsor and the Minister.
2.1.7. All BFEG publications will be available on the BFEG website. Publication would be subject to the protocol described within the BFEG terms of reference, and where this relates to information not owned by BFEG, will be subject to necessary approval by the relevant information owner(s).
3. Membership
3.1.1. The working group will have a designated chair and deputy chair who will be agreed, by majority, at quarterly meetings of BFEG.
3.1.2. Membership is be comprised of BFEG members with relevant expertise. BFEG members will be given the opportunity to nominate themselves for a working group; BFEG members may also be identified and invited to participate in the working group by the BFEG chair, working group chair or secretariat. Further experts may be co-opted, as appropriate (see section titled 鈥淐o-optees鈥�).
3.1.3. Membership will be reviewed, as a minimum, on an annual basis.
3.1.4. New members of BFEG will be provided necessary information regarding the work of BFEG and its working groups, and invited to join working groups to which they can effectively contribute.
3.1.5. The designated chair will chair working group meetings. In the event the designated working group chair is unable to chair a particular meeting, it may be chaired by the deputy chair, or other representative as nominated by the working group chair or the deputy chair in the event that the chair is uncontactable.
3.1.6. Members are expected to contribute to the activity of the working group and input into the development of any reports and recommendations.
3.1.7. The working group may consult with the Home Office, other government departments and wider stakeholders as deemed necessary.
3.1.8. If deemed necessary, as guided by the BFEG chair, working group chair, secretariat or policy lead, a memorandum of understanding (MoU) will be produced to facilitate and agree effective working relationships between BFEG (and its working groups) and relevant stakeholders as and when needed. The MoU is intended to confirm the format for collaborative working.
3.1.9. BFEG members may request specific Home Office officials, such as those with specific technical expertise and knowledge, to join a call to facilitate provision of detailed advice.
3.2 Co-optees
3.2.1. The range of expertise required for the working group or task-and-finish group to achieve its objectives may require the skills, expertise, and experience of the BFEG members to be supplemented. To enable this, the working group has the option to include co-optees from BFEG, agreed by the working group membership and ratified by BFEG. The BFEG chair, with agreement of the members of the working group, and wider BFEG, may co-opt from outside BFEG (this would include academics or practitioners with specialist expertise). However, if this step is to be explored, the secretariat should be contacted in the first instance. The secretariat can advise of the possible limitations or conflicts of interest that may arise during the co-option process, with regard to, for example, particular individuals or organisations whose advice is being sought.
3.2.2. Co-optees will be sought as required, time limited period, to assist in the effective completion of its specific areas of work.
3.2.3. Co-optees must always adhere to the values and standards which apply to full BFEG members and comply with rules on the recording of interests. Co-optees are required to agree to specific terms of reference outlining their individual responsibilities in completing their co-opted function.
3.3 Security requirements
3.3.1. Members are security cleared to SC level. Where it is required by the Home Office for members to have a higher level of clearance to fully consider and advise on a topic of work, this is to be discussed, agreed and co-ordinated by the secretariat.
3.3.2. If necessary, the Home Office can provide lower classification material to facilitate tasking of the working group.
3.3.3. It is the responsibility of the Home Office to consider and agree which materials can be shared with members of BFEG and its working groups, bearing in mind the potential limitations of advice should BFEG be inadequately informed.
3.4 Declarations of interest
3.4.1 In line with the BFEG code of practice, working group members will be reminded at the beginning of each meeting to make a declaration of interest where that interest relates specifically to an issue under discussion. Following any declaration, the working group chair will make a judgement as to whether the member should withdraw from the discussion and how this withdrawal should be conducted. For example, full removal from the relevant section of the meeting or allowed in the relevant meeting section to observe, but with no ability to comment or engage.
4. Meetings and working methods
4.1.1. The working group will agree on the sources of evidence, how to collect, interpret and present the evidence/advice. The working group may draw upon the resources of the Secretariat to assist in these activities. Examples of such support include: facilitating the gathering of evidence/sources, supporting the arrangement of workshops and facilitating collaboration with stakeholders beyond BFEG. 听Further detail on the role of the secretariat is provided in section titled 鈥�Secretariat鈥�.
4.1 Frequency
4.2.1. The group will meet as required to progress the work. This is not likely to be more often than twice a month.
4.2.2. The work of the group will be progressed via email, telephone/video conference and where necessary via in-person meetings/workshops.
4.2.3. Feedback from the wider BFEG will be provided via email or during quarterly meetings and incorporated following agreement between the working group chair and the members of the working group.
4.3 Expenses
4.3.1. No budget is delegated to the working group. However, expenses will be covered in line with the terms of an individual鈥檚 public appointment and BFEG terms of reference.
4.4 Confidentiality
4.4.1. BFEG members, and hence working group members, must not misuse information gained in the course of their public service for personal gain or for political purpose, nor must they disclose any information which is confidential in nature, or which is provided in confidence without authority. This duty continues to apply after any member has left BFEG.
4.4.2. Where indicated some information or documents presented to the group must not be disclosed or discussed without the approval from the information owner. This will be indicated when the documents are shared either verbally or in handling information on documents or covering emails. This includes any documents marked with any Government Protective Marking Scheme security classification (including 鈥極fficial-Sensitive鈥�) and the content of any discussions relating to such information. Members must not make copies of any such documents and must follow the requirements about their handling.
5. Accountability and responsibility
5.1.1. Recommendations and final advice shall be the responsibility of a majority of working group members. These members will either be physically present at the meeting or participating by teleconference. On occasion, where members are not in attendance and subsequently disagree with a decision, this will be recorded in the meeting notes.
5.1.2. Other than in exceptional circumstances, the work of the working group shall be passed to the full BFEG for review and ratification via circulation by email or discussion at the quarterly BFEG meetings (dependent on time constraints). On any occasion where recommendations are not reviewed, or ratified by the BFEG, this should be made clear in such reports or recommendations made by the working group.
5.1.3. The working group will be accountable to the BFEG chair, regularly reporting updates on activity and decisions made by the working group. Where a decision cannot be agreed within the working group, the BFEG chair will hold the deciding vote. Final agreement for outputs should be approved by the BFEG chair.
5.1.4. Advice that has been provided will be recorded in BFEG quarterly meeting minutes and/or in the BFEG annual report (where necessitated by confidentiality of a project, this will be recorded at a high-level).
5.1.5. A summary of advice may (subject to necessary approval such as from the BFEG chair, relevant stakeholders or information owners, or the Home Office Chief Scientific Advisor) be included in the BFEG annual report, including any specific recommendations agreed by the wider BFEG. The policy lead or relevant stakeholder will have the opportunity to review and provide suggestions on the recommendations, prior to publication. The working group will be responsible for determining the output(s) and the format of advice. In some circumstances, the working group may wish to publish advice in the form of a report. This will be subject to the protocol described within the BFEG terms of reference and, where this relates to information not owned by BFEG, will be subject to necessary approval by the relevant information owner(s). The secretariat should be consulted when considering publication.
6. Secretariat
6.1.1. The secretariat can act as a dedicated resource to support BFEG and its working groups to deliver advice. The secretariat will, for example: coordinate members鈥� availability, arrange meetings, and prepare meeting agendas/papers as required.
6.1.2. A designated point of contact within the secretariat will be provided to members of the working group.
6.1.3. All communications relating to BFEG should be conducted via the secretariat.
6.1.4. The secretariat will facilitate interaction with officials in the Home Office and when requested by BFEG with wider stakeholders.
6.1.5. The secretariat will circulate key points and actions agreed at working group meetings. Meeting readouts will be provided to attendees as a record of the decisions and actions.
6.1.6. Due to the sensitivity of issues discussed within meetings, and to facilitate open discussions, no formal minutes will be recorded and where appropriate meetings will take place under Chatham House rules. Necessary progress updates will be formally recorded within the minutes of quarterly BFEG meetings.
6.1.7. In compliance with the Commissioner of Public Appointments criteria, all records relating to the work of the public appointees are maintained by secretariat in a manner that reflects the audit and inspection duties of the Commissioner.
7. Version history
7.1.1. Document Version 1.0
| Version | Changes | Updated by | Approved by | Date |
|---|---|---|---|---|
| 1.0 | Initial agreement of ToR | 听 | 听 | 听 |