Legally compatible design of future biometric systems for crime prevention

Abstract

Innovations in emerging technologies have an impact on privacy and fundamental rights. For example, emerging technologies include future biometric systems for crime prevention. In contrast to large-scale biometric systems for migration control, these systems promise to track down terrorists and organized criminals but also entail novel risks for society. One can govern science and technology by means of privacy impact assessments (which are currently being researched). Alternatively there is the approach – used in this paper – that primarily builds on the assumption that technology design can render the violation of a legal norm impossible. Using German and European constitutional law as an example, this paper will present proposals for technology design derived from the law.