Beyond surveillance: privacy, ethics, and regulations in face recognition technology

Beyond surveillance: privacy, ethics, and regulations in face recognition technology

03 July 2024 | Xukang Wang, Ying Cheng Wu, Mengjie Zhou and Hongpeng Fu
This paper critically examines the current rules and policies governing facial recognition technology (FRT), highlighting the tensions between state and corporate interests and individual rights and ethical considerations. FRT, while offering significant benefits in public governance and security, raises concerns about privacy, civil liberties, and ethical implications. The study investigates international legal frameworks aimed at protecting individual rights and privacy, arguing that current legislative measures often fall short of robust scholarly standards and international human rights norms. The paper concludes with recommendations for developing principled and adaptable governance frameworks that harness the benefits of FRT while mitigating its risks and negative impacts, emphasizing the importance of placing human rights and ethics at the center of regulating this transformative technology. The paper analyzes the ethical, legal, and societal implications of FRT, including its technical aspects, legal and regulatory frameworks, and ethical challenges. It presents two case studies: one on the misuse of FRT by Clearview AI, which has faced legal challenges due to privacy violations and non-consensual data collection, and another on the implementation of FRT in U.S. airports, which has raised concerns about data protection, algorithmic bias, and the need for clear guidelines for biometric data use. The paper also discusses the legal and regulatory landscape governing FRT in the United States, highlighting the lack of a comprehensive federal law and the varying regulations at the state and local levels. It emphasizes the need for a more cohesive and comprehensive approach to FRT governance, balancing the technology's utility with the protection of fundamental rights. The paper concludes that developing a principled and rights-protective approach to FRT governance requires a multi-stakeholder, adaptive approach, incorporating transparency, accountability, data minimization, and informed consent. It calls for alignment with international human rights frameworks and inclusive, interdisciplinary collaboration to ensure that FRT is developed and used in ways that respect individual rights and societal values. The paper underscores the importance of placing human rights and ethics at the core of FRT regulation to ensure that the technology serves the public good without compromising fundamental rights and freedoms.This paper critically examines the current rules and policies governing facial recognition technology (FRT), highlighting the tensions between state and corporate interests and individual rights and ethical considerations. FRT, while offering significant benefits in public governance and security, raises concerns about privacy, civil liberties, and ethical implications. The study investigates international legal frameworks aimed at protecting individual rights and privacy, arguing that current legislative measures often fall short of robust scholarly standards and international human rights norms. The paper concludes with recommendations for developing principled and adaptable governance frameworks that harness the benefits of FRT while mitigating its risks and negative impacts, emphasizing the importance of placing human rights and ethics at the center of regulating this transformative technology. The paper analyzes the ethical, legal, and societal implications of FRT, including its technical aspects, legal and regulatory frameworks, and ethical challenges. It presents two case studies: one on the misuse of FRT by Clearview AI, which has faced legal challenges due to privacy violations and non-consensual data collection, and another on the implementation of FRT in U.S. airports, which has raised concerns about data protection, algorithmic bias, and the need for clear guidelines for biometric data use. The paper also discusses the legal and regulatory landscape governing FRT in the United States, highlighting the lack of a comprehensive federal law and the varying regulations at the state and local levels. It emphasizes the need for a more cohesive and comprehensive approach to FRT governance, balancing the technology's utility with the protection of fundamental rights. The paper concludes that developing a principled and rights-protective approach to FRT governance requires a multi-stakeholder, adaptive approach, incorporating transparency, accountability, data minimization, and informed consent. It calls for alignment with international human rights frameworks and inclusive, interdisciplinary collaboration to ensure that FRT is developed and used in ways that respect individual rights and societal values. The paper underscores the importance of placing human rights and ethics at the core of FRT regulation to ensure that the technology serves the public good without compromising fundamental rights and freedoms.
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