EU Data Protection Supervisor Calls for Facial Recognition Ban

EU Data Protection Supervisor Calls for Ban on Remote Biometric Surveillance

The primary data protection authority within the European Union is advocating for a complete prohibition of remote biometric surveillance in public areas, as part of forthcoming AI legislation.

Response to Proposed AI Regulations

This intervention from the European Data Protection Supervisor (EDPS) occurs following a proposal presented by EU legislators on Wednesday. The proposal outlines a risk-based framework for the regulation of artificial intelligence applications.

The European Commission’s legislative draft includes a limited ban on the deployment of remote biometric surveillance technologies – including facial recognition – by law enforcement in public spaces.

Concerns Over Loopholes and Fundamental Rights

However, the proposed text contains extensive exceptions. Digital rights groups and human rights advocates have swiftly voiced concerns regarding loopholes that could significantly undermine the fundamental rights of EU citizens.

Recently, a bipartisan assembly of Members of the European Parliament (MEPs) urged the Commission to adopt a firmer stance and explicitly prohibit this potentially rights-infringing technology.

EDPS Urges a Rethink

The EDPS, responsible for providing recommendations and guidance to the Commission, appears to concur with this viewpoint. Wojciech Wiewiórowski, in a press statement released today, called for a re-evaluation of the current approach.

“The EDPS expresses regret that our previous appeals for a moratorium on the utilization of remote biometric identification systems – encompassing facial recognition – in publicly accessible locations have not been addressed by the Commission,” Wiewiórowski stated.

Advocating for a Stricter Approach

The EDPS will continue to champion a more stringent approach to the automated recognition of human characteristics in public spaces.

• This includes recognition of faces.
• It also encompasses gait analysis.
• Furthermore, it extends to fingerprints, DNA, voice patterns, keystrokes, and other biometric or behavioral signals.

This advocacy applies regardless of whether such technologies are employed in commercial, administrative, or law enforcement contexts.

Wiewiórowski emphasized that a stricter approach is crucial, given the potential for remote biometric identification – particularly with the advancements facilitated by AI – to lead to unprecedented and deeply intrusive violations of individual privacy.

Acknowledging Positive Aspects of the Proposal

Wiewiórowski also acknowledged positive aspects of the legislative proposal. He expressed approval of the horizontal approach and the broad scope defined by the Commission.

He further agreed with the merits of a risk-based system for regulating AI applications.

Critique of Current Red Lines

However, the EDPS has made it clear that the boundaries established by EU lawmakers are less definitive than desired. This adds a prominent voice to the criticism that the Commission has not fully delivered on its pledge to create an AI framework that is both “trustworthy” and “human-centric.”

Upcoming Debate and Finalization

The forthcoming debate surrounding the final form of the regulation is expected to focus heavily on defining the precise limits of AI deployment in Europe. Agreement on a final version of the text is not anticipated before next year.

“The EDPS will conduct a thorough and detailed analysis of the Commission’s proposal to assist the EU co-legislators in strengthening the protection of individuals and society as a whole,” Wiewiórowski concluded.

“In this context, the EDPS will particularly concentrate on establishing clear boundaries for tools and systems that may pose risks to the fundamental rights to data protection and privacy.”