(Do not) remember my face: uses of facial recognition technology in light of the general data protection regulation

Abstract

ABSTRACT Facial recognition technology is a state-of-the-art digital tool widely used by private and public entities. Its benefits are notable, but the challenges that it presents cannot be overlooked, as this paper will expose. In Europe, a major challenge is ensuring compliance with the General Data Protection Regulation, starting with the search of a proper legal ground for data processing and the identification of an adequate exception to allow the processing of biometric data. The implementation of security measures and the risks associated with data transfer to third countries must also be considered. A further issue is the reliability of facial recognition technology, which relates to data accuracy. These challenges are substantial, but they are not insurmountable. More comprehensive and in-depth knowledge of the legal intricacies of the General Data Protection Regulation, more secure and transparent data-processing procedures, and full acknowledgement of the technology’s limitations might provide a liability shield.