Europejska Rada Ochrony Danych, Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement Version 2.0 Adopted on 26 April 2023

Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement

Version 2.0

Adopted on 26 April 2023

EXECUTIVE SUMMARY

More and more law enforcement authorities (LEAs) apply or intend to apply facial recognition technology (FRT). It may be used to authenticate or to identify a person and can be applied on videos (e.g. CCTV) or photographs. It may be used for various purposes, including to search for persons in police watch lists or to monitor a person’s movements in the public space.

FRT is built on the processing of biometric data, therefore, it encompasses the processing of special categories of personal data. Often, FRT uses components of artificial intelligence (AI) or machine learning (ML). While this enables large scale data processing, it also induces the risk of discrimination and false results. FRT may be used in controlled 1:1 situations, but also on huge crowds and important transport hubs.

FRT is a sensitive tool for LEAs. LEAs are executive...