Experiments with facial recognition technologies in public spaces: in search of an EU governance framework

Catherine Jasserand

Chapter 11 in Handbook on the Politics and Governance of Big Data and Artificial Intelligence, 2023, pp 315-357 from Edward Elgar Publishing

Abstract: According to a survey conducted in 2020 by EDRi, at least 15 European countries have already used or experimented with facial recognition technologies (FRTs) in public spaces without much public debate. Yet, these highly intrusive technologies capture the distinctive facial characteristics of individuals to identify them. The systems operate at a distance without people’s cooperation or awareness. Evidence from France and the United Kingdom shows that public authorities (mainly the police) have trialled and used the technologies in public spaces. Drawing insights from these experiments, the chapter assesses whether the applicable data protection frameworks are sufficient to regulate public authorities’ experimentations with FRTs in public spaces. After identifying the regulatory gaps of the existing frameworks, the chapter provides some arguments and tools for a reflection on an experimental approach to test these technologies (such as Data Protection Impact Assessments, experimental legislation, and regulatory sandboxes based on the future AI Act).

Keywords: Innovations and Technology; Law - Academic; Politics and Public Policy Sociology and Social Policy (search for similar items in EconPapers)
Date: 2023
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