Abstract
AbstractBiometric facial recognition is one of the most rapidly developing methods of biometric identification, with expanding applications across law enforcement, government and the private sector. Its capacity for integration with other technologies, such as closed circuit television (CCTV) and social media, differentiate it from DNA and fingerprint biometric identification. This chapter commences with a discussion of the technique of facial recognition and applications in identity verification, public surveillance, and the identification of unknown suspects. Its relative advantages and disadvantages, and the development of facial recognition around the world is explored. The discussion then examines how facial recognition databases developed from existing databases, such as driver’s licence photographs, can be integrated with CCTV systems, and most recently, with photographs from social media and the internet. The chapter then considers relevant ethical principles, including privacy, autonomy, security and public safety, and the implications for law and regulation in relation to facial recognition.
Highlights
Biometric facial recognition is one of the most rapidly developing methods of biometric identification, with expanding applications across law enforcement, government and the private sector
The fact that a technology is new does not mean that it is outside the scope of existing regulation, or that it is always necessary to create a bespoke legal framework for it.6. This decision was appealed to the England and Wales Court of Appeal in 2020,7 which reversed the 2019 decision, finding that the live automated facial recognition technology used by the South Wales Police Force was unlawful under Article 8 of the European Convention on Human Rights (ECHR)
We have argued that privacy rights, including in respect of biometric facial images, are important, in part because of their close relation to autonomy, and they can be overridden under some circumstances, notably by law enforcement investigations of serious crimes, there is obviously a point where infringements of privacy rights is excessive and unwarranted
Summary
The historical precursor to facial recognition technology is the traditional identification sketch, made on the basis of eyewitness accounts of suspects in criminal investigations (Valentine & Davis, 2015). Identification occurs through one-to-many searching: databases of images or CCTV footage are searched in an attempt to establish a match with a photograph of an unknown person These applications have been respectively described as ‘targeted and public’ in the case of verification to confirm identity; and ‘generalised and invisible’ in the case of surveillance in the form of one-to-many searching to identify a suspect Relevant factors include: aging, cosmetic surgery, make up, weight gain or loss, hair length, glasses, masks and head wear such as scarves (Samuels, 2017) These issues are exacerbated when using facial recognition technology in relation to non-stationary subjects in uncontrolled conditions, such as real-time CCTV footage. There have been significant applications and legal developments in relation to biometric facial recognition in Australia, the United States and the United Kingdom
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
