The use of Facial Recognition for Law Enforcement Purposes

• In Event: Cybercrime Risks in Emerging Wireless Networks

Abstract

As the Council of Europe's work has shown, artificial intelligence raises new risks in terms of protection of fundamental rights and freedoms. The possibilities for tracking and analysing people's behaviour in public spaces, through facial recognition and/or the use of IOT data, while very useful for law enforcement agencies, can also pose major threats to freedoms and the right to self-determination. The question therefore arises as to whether the existing legal framework (particularly within the European Union, the Police-Justice Directive and the AI Act) effectively addresses these issues. We would like to point out that far from offering a totally satisfactory framework, these legal instruments leave the door open to a sometimes excessive techno-solutionism. Furthermore, the probatory value of the data collected in this way by the law enforcement agencies is doubtful. There is therefore a risk that these techniques will lead to the mass collection of data that cannot be used legally in court. In view of these issues, it seems crucial to propose a more precise and appropriate legal framework for the use of these surveillance techniques, in the public interest.

Author

• Marcel Moritz, Lille University (France), Ceraps UMR 8026