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[To Eurosmart members only]
Facial recognition: EU data protection authorities call for a ban in public spaces
In the context of the proposed AI Act (see the previous briefing here), the European Data Protection Supervisor (EDPS)* and the European Data Protection Board (EDPB)** published a joint press release. They call for a ban on the use of AI for automated recognition of human features in publicly accessible spaces. This includes recognition of faces, gait, fingerprints, DNA, voice, keystrokes, and other biometric or behavioural signals.
Currently, the proposal for an AI Act envisages a ban on the use of remote biometric identification for law enforcement in publicly accessible spaces. Even then, three exceptions would still enable public authorities to use such technology. For instance, in case of terrorist attacks or missing child.
Andrea Jelinek, EDPB Chair, & Wojciech Wiewiórowski, EDPS, stated that “[d]eploying remote biometric identification in publicly accessible spaces means the end of anonymity in those places. Applications such as live facial recognition interfere with fundamental rights and freedoms.”
The two entities also question the preponderant role of the European Commission in the future European AI Board. The Board should be independent of political influence, they believe.
In the current AI proposal, the EDPS would play a key role as it would be a competent authority and the market surveillance authority for the supervision of the Union institutions, agencies and bodies.
This press release comes shortly after the UK’s data protection authority published an opinion on the topic. The Information Commissioner’s Office concluded that none of the analysed cases justified the use of facial recognition under UK’s data protection law.
* EU body
** composed of representatives from national data protection authorities
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