Facial Recognition Through the Lens of National Legislations - Germany

ABSTRACT This article examines the evolving legal landscape surrounding the use of automated facial recognition technologies in Germany. Prompted by recent high-profile events and legislative proposals, the analysis focuses on the regulatory framework, with particular attention to the legal and constitutional boundaries that govern biometric surveillance in public spaces. Drawing on landmark decisions by the Federal Constitutional Court, the article identifies key principles – including proportionality, legal certainty, and informational self-determination – that shape the permissible use of such technologies. It also explores how these principles intersect with recent policy initiatives and the European Union’s AI Act, especially regarding the controversial deployment of real-time biometric identification systems. In light of pending legislative reforms and shifting political dynamics, the article offers a timely overview of Germany’s cautious but consequential approach to balancing technological innovation with fundamental rights in the domain of public security.

KEYWORDS Facial Recognition - AI Act - German Constitutional Law - German Police Law - Technology Law

TABLE OF CONTENTS 1. Introduction. – 2. The deployment of facial recognition technologies in Germany. – 3. Legal framework for facial recognition in public spaces. – 3.1. Constitutional Law. – 3.2. Developments in Statutory Law and Involvement of Data Protection Authorities. – 4. Perspectives for the Implementation of the AI Act.