Some authorities are already using technologies for automated facial recognition, relying on unspecific legal bases. In addition, politicians are endeavouring to allow the use of automated facial recognition in various scenarios.

The use of facial recognition systems can be a very intensive encroachment on the fundamental rights of the persons concerned, especially when used in public spaces. Many people who have not given any reason for this are recorded.

The Chair of the Conference of Independent Federal and State Data Protection Supervisory Authorities (DSK), the Hessian Commissioner for Data Protection and Freedom of Information, Prof Dr Alexander Roßnagel, therefore states: "Measures that interfere so deeply with the fundamental rights of many people require a specific legal basis. This is strictly limited by EU law (Artificial Intelligence Regulation, Charter of Fundamental Rights) and German constitutional law (Basic Law, state constitutions). The use of automated facial recognition - if it is permitted at all - must be absolutely necessary for the protection of high-ranking legal interests and, depending on the deployment scenario and intensity of the intervention, must be subject to appropriate conditions. The legal basis for its use must provide for sufficient requirements for the protection of fundamental rights and additional protection mechanisms."

In order to draw the attention of legislators and authorities at federal and state level to these legal limits and requirements of automated facial recognition, the DSK today unanimously adopted the resolution "Caution in the use of facial recognition systems by security authorities", which can be found on the DSK website at www.datenschutzkonferenz-online.de.

Further information:

• DSK press release on facial recognition (PDF)
• Resolution of the Data Protection Conference: Caution in the use of facial recognition systems by security authorities (PDF)

About the Data Protection Conference:

The Data Protection Conference consists of the independent federal and state data protection authorities. It has the task of safeguarding and protecting fundamental data protection rights, achieving uniform application of European and national data protection law and jointly advocating its further development. This is achieved in particular through resolutions, decisions, guidance, standardisation, statements, press releases and specifications.

Contact:
Chair of the Data Protection Conference
The Hessian Commissioner for Data Protection and Freedom of Information
Phone: +49 611 1408-124,
Email: presse.dsk2024@datenschutz.hessen.de
www.datenschutzkonferenz-online.de

Source: LfD Lower Saxony | Press release no. 15/2024