Human Rights and Facial Recognition in the Digital Age

ABSTRACT This paper analyses the human rights considerations that arise from the growing application of facial recognition technology in public. Although rooted in the experiences of UK deployments of FRT, the paper also seeks to assess wider international implications. In doing so, the discussion is organised over three substantive areas of analysis. The first section defines the core elements of FRT. The second part identifies the diverse operational and jurisdictional applications of this technology before focusing most explicitly on human rights considerations in the third section. The paper concludes with two key points. First, to be considered ‘in accordance with the law’, a legal basis authorising the use of FRT must exist, and this must meet quality requirements established in case law. Second, any use of FRT must be ‘necessary in a democratic society’. This requires that police forces evidence the utility linked to particular FRT uses, and that the associated harms to human rights be evaluated. Essential to this calculation of harm are the chilling effects of surveillance.

KEYWORDS Surveillance - Facial recognition - Human rights

TABLE OF CONTENTS 1. Introduction. – 2. The form and function of facial recognition technologies. – 3. Applications and use of facial recognition technologies. – 4. Human rights implications of facial recognition technologies. – 4.1. Range of human rights implicated. – 4.1.1. The right to privacy. – 4.1.2. Prohibition on discrimination. – 4.1.3. Freedom of expression, and of assembly. – 4.2. Legal and procedural implications. – 4.2.1. Uses of facial recognition ‘in accordance with the law’. – 4.2.2. FRT and the ‘necessary in a democratic society’ test. – 5. Conclusion.