HUMSS - Patricia Faraldo Cabana

Technical and legal challenges of the use of automated facial recognition technologies for law enforcement purposes

Facial recognition technology (FRT) makes it possible to compare digital facial images to determine whether they are of the same person. However, there are many difficulties in using such evidence to secure convictions in criminal cases. Some are related to the technical shortcomings of facial biometric systems, which impact their utility as an undisputed identification system and as reliable evidence; others pertain to legal challenges in terms of data privacy and dignity rights, since there are concerns that the absence of sufficiently stringent regulations endangers fundamental rights. In fact, the use of FRT presents a unique host of legal and technical concerns. On the one hand, a good part of the controversies and contingencies surrounding the credibility and reliability of automated facial recognition systems is intimately related to their technical shortcomings. On the other hand, data protection, database custody, transparency, accountability and trust are relevant legal issues that have a strong technical component. The aim of this presentation is to recognize and identify the main potential risks arising from the use of FRT, in order to prevent possible errors or misuses due to technological misassumptions that threaten fundamental rights and civil liberties.