Facial recognition technology (FRT) is a form of biometric technology that identifies an individual by their facial features.

It offers many opportunities for businesses and governments but at the same time, presents some real privacy concerns.

If agencies are contemplating using FRT, the following international principles should be considered.

Global Privacy Assembly

In October 2022, the Global Privacy Assembly set six key principles and expectations for the appropriate management of personal information in FRT.

The full paper can be accessed here: 15.1.c.Resolution-on-Principles-and-Expectations-for-the-Appropriate-Use-of-Personal-Information-in-Facial-Recognition-Technolog.pdf (globalprivacyassembly.org)

Broadly, the Resolution:

• acknowledges FRT can provide benefits to security and public safety, but also highlighted that the technology has the capability to enable arbitrary or unlawful surveillance and the potential to be highly intrusive, provide biased results, and erode data protection, privacy, and human rights.
• recognises the need for global regulatory cooperation, enhancing the prevention, detection and remediation of data protection and privacy issues.
• sets out six key principles:
  1. Lawful Basis. Organisations using FRT should have a clear lawful basis for the collection and use of biometrics.
  2. Reasonableness, Necessity and Proportionality. Organisations should be able to demonstrate the reasonableness, necessity and proportionality of their use of FRT.
  3. Protection of Human Rights. Organisations should assess and protect against unlawful or arbitrary interference with privacy and other human rights.
  4. Transparency. FRT use should be transparent to affected individuals and groups.
  5. Accountability. FRT use should include clear and effective accountability mechanisms.
  6. Data Protection Principles. FRT use should respect all data protection principles, including these principles.

These principles apply to all types and uses of FRT, are equally important and should be considered holistically. The principles are phrased as recommendations and should consider the statutory requirements in a jurisdiction.