La CNIL britannique pointe l'absence de cadre juridique pour la reconnaissance faciale
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Première affaire contre la reconnaissance faciale en cours au Royaume-Uni, et la CNIL britannique, le ICO, pointe les insuffisance du cadre juridique :
The information commissioner has expressed concern over the lack of a formal legal framework for the use of facial recognition cameras by the police.
A barrister for the commissioner, Elizabeth Denham, told a court the current guidelines around automated facial recognition (AFR) technology were “ad hoc” and a clear code was needed.
In a landmark case, Ed Bridges, an office worker from Cardiff, claims South Wales police violated his privacy and data protection rights by using AFR on him when he went to buy a sandwich during his lunch break and when he attended a peaceful anti-arms demonstration.The information commissioner has expressed concern over the lack of a formal legal framework for the use of facial recognition cameras by the police.
Une position similaire à celle affichée par la CNIL française qui elle aussi pointe -- quoique plus discrètement -- l'« alégalité » des expérimentations en cours, mais qui ne semble pas à la hauteur des enjeux. Car si le cadre juridique est défaillant, alors l'usage de ces technologies est tout simplement illégal.
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Le ICO fait de nouveau part de son inquiétude :
“Scanning people’s faces as they lawfully go about their daily lives, in order to identify them, is a potential threat to privacy that should concern us all. That is especially the case if it is done without people’s knowledge or understanding.
“I remain deeply concerned about the growing use of facial recognition technology in public spaces, not only by law enforcement agencies but also increasingly by the private sector. My office and the judiciary are both independently considering the legal issues and whether the current framework has kept pace with emerging technologies and people’s expectations about how their most sensitive personal data is used.
“Facial recognition technology is a priority area for the ICO and when necessary, we will not hesitate to use our investigative and enforcement powers to protect people’s legal rights.
“We have launched an investigation following concerns reported in the media regarding the use of live facial recognition in the King's Cross area of central London, which thousands of people pass through every day.
“As well as requiring detailed information from the relevant organisations about how the technology is used, we will also inspect the system and its operation on-site to assess whether or not it complies with data protection law.
“Put simply, any organisations wanting to use facial recognition technology must comply with the law - and they must do so in a fair, transparent and accountable way. They must have documented how and why they believe their use of the technology is legal, proportionate and justified.
“We support keeping people safe but new technologies and new uses of sensitive personal data must always be balanced against people’s legal rights.”
Source : https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2019/08/statement-live-facial-recognition-technology-in-kings-cross/