Risks of Facial Recognition
Facial Recognition
Facial Recognition , understood as the technology used to identify people, began in 1960 and today is part of our lives, whether to open a session on a smartphone or PC, to allow us access to workplaces, or even to identify specific people passing through certain places.
Facial recognition at transit sites
The fact of activating facial recognition systems in spaces where people pass through, implies a violation of the anonymity of these people, so it could be understood that these systems violate fundamental rights and freedoms.
anonymity of these people, so it could be understood that these systems violate fundamental rights and freedoms.
A fact that reaffirms the above is the case of Mercadona, where the AEPD acted ex officio, after several complaints and the news published in the media about the implementation, in its supermarkets, of a facial recognition system capable of detecting people accessing its centers, with final judgments and restraining orders against Mercadona or its workers.
This facial recognition system, based on biometric data processing, is a biometric data processing and artificial intelligence, was intended to prevent access to people who had been sentenced for theft, assaults on workers, etc.
Mercadona cooperated at all times with the AEPD, and after the relevant investigations, the processing based on facial recognition was prohibited, taking as a legal basis Article 9.1 of the RGPDIt also imposed a fine of 2.5 million euros, which the Valencian company paid voluntarily.
Artificial intelligence
Artificial Intelligence (AI) is the technological ability to learn, understand, form an idea of reality and thus make decisions. These issues reserved for humans are carried out by machines and it is necessary to analyze the repercussions of the use of these technologies with respect to our rights and set the necessary limits, as it has been accepted with a certain normality and as just another technological advance.
Although the use of artificial intelligence (AI) opens up an immense field of future possibilities, technological progress should not distract from the protection of people’s fundamental rights and the risks of violating these rights with the use of these technologies.
It is logical to understand that this situation has led the European Data Protection Board(EDPB) to call for the regulation of artificial intelligence. In this regard there is already a proposal in the European Parliament, in which “MEPs want future legislation on artificial intelligence in the EU to promote innovation, ensure security and protect human rights.”
Facial Recognition – Biometric Data
According to the Mercadona case, facial recognition is based on the processing of biometric data.
Biometric data are those related to the physical, physiological or behavioral characteristics of a person that allow the unequivocal identification of that person.
Therefore, facial recognition will be considered a special category data processing, which requires the data processor to prepare an Impact Assessment(EIPD).
However, not all biometric-based techniques should be considered special category techniques. A distinction must be made between the unambiguous identification of a person and the authentication of a person’s identity.
In order to analyze all this and to prepare the necessary documentation, you can rely on the expert advice of Business Adapter® data protection.