Navigating data governance risks: Facial recognition in law enforcement under EU legislation

Abstract

Facial recognition technologies (FRTs) are used by law enforcement agencies (LEAs) for various purposes, including public security, as part of their legally mandated duty to serve the public interest. While these technologies can aid LEAs in fulfilling their public security responsibilities, they pose significant risks to data protection rights. This article identifies four specific risks associated with the use of FRT by LEAs for public security within the frameworks of the General Data Protection Regulation and Artificial Intelligence Act. These risks particularly concern compliance with fundamental data protection principles, namely data minimisation, purpose limitation, data and system accuracy, and administrative challenges. These challenges arise due to legal, technical, and practical factors in developing algorithms for law enforcement. Addressing these risks and exploring practical mitigations, such as broadening the scope of data protection impact assessments, may enhance transparency and ensure that FRT is used for public security in a manner that serves the public interest.

Keywords

• Data protection
• Facial recognition software
• Biometric
• Law enforcement
• Policing