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  • 9 - Government Use of Facial Recognition Technologies under European Law

  • from Part II - Facial Recognition Technology across the Globe
  • Edited by Rita Matulionyte, Macquarie University, Sydney, Monika Zalnieriute, University of New South Wales, Sydney
  • Book:
    The Cambridge Handbook of Facial Recognition in the Modern State
    Published online:
    28 March 2024
    Print publication:
    04 April 2024, pp 127-138
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  • Summary

    State actors in Europe, in particular security authorities, are increasingly deploying biometric methods such as facial recognition for different purposes, especially in law enforcement, despite a lack of independent validation of the promised benefits to public safety and security. Although some rules such as the General Data Protection Regulation and the Law Enforcement Directive are in force, a concrete legal framework addressing the use of facial recognition technology (FRT) in Europe does not exist so far. Given the fact that FRT is processing extremely sensitive personal data, does not always work reliably, and is associated with risks of unfair discrimination, a general ban on any use of artificial intelligence for automated recognition of human features at least in publicly accessible spaces has been demanded. Against this background, the chapter adopts a fundamental rights perspective, and examines whether and to what extent a government use of FRT can be accepted under European law.