Considerations about the use of facial recognition technologies as a public safety tool

Abstract

Objective: To analyze how the emergence of facial recognition technologies can impact fundamental rights, notably in cases where recognition algorithms are applied in the context of public safety. Methods: This is a narrative review, carried out between January and March 2023. The electronic database Hein Online was used. The search term used was “facial recognition technologies”. Only publications classified as articles were selected – if they addressed the theme of the operation or application of facial recognition technologies –, excluding other productions (legislative comments, commented jurisprudence, etc.). Papers should answer: how do facial recognition technologies work? how can this technology be applied as a public safety tool and what are the risks involved? given the risks, what are the proposals to prevent the application of technology from resulting in violations of rights? Results: A proposal is presented to suspend the use of recognition algorithms until technical and regulatory deficiencies are corrected. The idea of a moratorium, however, faces resistance from a political-criminal context characterized by growing demands for security through the expansion of repressive means. Conclusion: The use of facial recognition technologies should be regulated, which should be based, especially in view of possible technical failures, on judgments of proportionality and necessity.