European Employment of Facial Recognition Technology
In the rapidly evolving world of artificial intelligence (AI), integrating this technology into our daily lives requires a significant transformation of institutions. This transformation encompasses developing technological autonomy, organizing data in a structured manner, and ensuring solid cybersecurity. However, the use of AI, particularly facial recognition technology (FRT), in public spaces has raised several ethical concerns and risks, particularly relating to individual freedoms and privacy.
Recent events in France and Hungary have shed light on these concerns. On April 24, 2025, the Constitutional Council in France blocked the extension of the experiment with algorithmic video surveillance in public spaces until 2027. Meanwhile, Hungary's use of AI-powered facial recognition at the Budapest Pride parade was viewed as invasive surveillance, sparking outcry in the EU.
The deployment of FRT at public events like Pride marches could potentially chill free expression and peaceful assembly. This is particularly concerning for marginalized communities, such as the LGBTQ+ individuals, who may face discrimination or retaliation. The Hungarian example shows how facial recognition at Pride events can exacerbate existing stigmatization and surveillance of vulnerable groups, compounding risks of state repression or discrimination.
Moreover, FRT often entails real-time biometric identification of individuals in public spaces without their consent, which can amount to mass surveillance. This approach risks undermining individuals' privacy and anonymity in public. Courts and lawmakers continue to debate whether use of FRT constitutes an unreasonable search and seizure, raising constitutional issues about rights to privacy and due process.
Facial recognition algorithms have been demonstrated to have significant biases, especially toward people of color and women. These biases lead to higher rates of misidentification and wrongful targeting by law enforcement, resulting in wrongful stops, accusations, or arrests. This bias problem exists in many jurisdictions due to lack of regulation and independent accuracy testing, amplifying the potential harm when FRT is broadly deployed without safeguards.
Without robust regulatory frameworks, governments or private actors could misuse FRT to engage in authoritarian practices, including social scoring, political repression, or discriminatory policing. The Budapest Pride case underscores the risk of AI technologies being used as tools of social control rather than purely for legitimate security purposes.
Education is crucial in understanding the risks posed by the use of artificial intelligence and the potential use of personal data by a third party. The European Commission has recognized a violation of the Charter of Fundamental Rights of the European Union by the government of Viktor Orban for using facial recognition. Justice Minister Gérald Darmanin has expressed a willingness to legislate facial recognition in France, while the AI Act, the first European regulation governing artificial intelligence, imposes rules such as the prohibition of biometric identification at a distance and in real-time in public places.
In conclusion, the main ethical issues and risks associated with facial recognition use in public include invasion of privacy and mass surveillance, threats to freedom of assembly and expression, algorithmic bias and wrongful identifications, potential for authoritarian misuse and discrimination, and lack of clear legal safeguards and accountability. These concerns demand strict regulation, transparency, and oversight to protect civil liberties while ensuring technology serves public safety without infringing on fundamental human rights. The danger of using technology originating from China or the United States is the risk that these states may keep an eye on users, even if it is used in an European country. As technology continues to evolve, education must adapt to maintain its relevance and protect our freedoms and the respect of our rights.
- The ethical debates surrounding facial recognition technology (FRT) in public spaces have been highlighted in recent events in France and Hungary, with courts and lawmakers questioning its constitutional implications, especially regarding privacy, freedom of assembly, and expression.
- As the AI Act in Europe suggests, the deployment of FRT without robust regulatory frameworks could potentially infringe upon fundamental human rights, risking authoritarian uses, discrimination, and a lack of clear legal safeguards and accountability.
