Human Rights in the Age of Surveillance: Legal Implications of Biometric and Facial Recognition Technologies

Abstract

The development of biometric technology and facial recognition technology is happening more rapidly than the legislation attempting to regulate the same, thus leaving much at stake regarding the balance between security concerns and human rights. This paper addresses legal aspects of biometrics in terms of privacy, equality, and the right to freedom of expression and assembly. Secondary data has been used in order to carry out this analysis through surveillance camera index, surveys, and reports of regulatory enforcement. There are three major themes that can be identified: universal adoption of biometrics-enabled surveillance architecture; increasing divergence between context-specific trust and demographic accuracy; and regulatory fragmentation with respect to reactive and preventive enforcement measures. It is argued that the level of legal certainty, algorithmic accountability, and remedial measures in place is still underdeveloped in relation to the deployment. It is proposed in the paper that a rights-based and coherent approach to regulation is needed.