The Use of Facial Recognition Technology by Law Enforcement in Europe: a Non-Orwellian Draft Proposal

Abstract

The European legal framework is not devoid of norms that are directly or indirectly applicable to facial recognition technology for identification purposes within law enforcement. However, these various norms, which have different targets and are from multiple sources, create a kind of legal patchwork that could undermine the lawful use of this technology in criminal investigations. This paper advocates the creation of a specific law on the use of facial recognition technology for identification in law enforcement, based on existing regulations, to specifically address the pressing issues arising in this domain. The ultimate aim is to allow its use under certain conditions and to protect the rights of the people involved, but also to provide law enforcement authorities with the necessary tools to combat serious crimes.