Facial Recognition Technology and the European Court of Human Rights: A rights-based analysis required for State use of this “Highly Intrusive” Technology — Cloisters


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OverviewIn Glukhin v Russia, the European Court of Human Rights (ECtHR) has considered the Convention implications of States using Facial Recognition Technology (FRT), in an important judgment handed down on 4 July 2023. FRT is a biometric technology that has the aim of “recognising” a person by their face. The FRT process has been summarised by the European Data Protection Board as follows:“8. Firstly, the substance of an individual’s Convention rights is not downgraded simply because the technology is too sophisticated or valuable to State agencies. But that’s a blog for another day…Cloisters Technology team have been at the forefront of important work examining the interplay between artificial intelligence, technology, equality, human rights, employment law and data protection.