Article Title

Facial Recognition Technology and Privacy: Race and Gender - How to Ensure the Right to Privacy is Protected

Authors

Lindsey Jacques

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Comment

Abstract

This Article specifically focuses on the use of FRT by the five permanent members of the United Nations (“UN”) Security Council which are China, France, the Russian Federation, the United Kingdom, and the United States (the five nations). As permanent members of the Security Council, these five nations are tasked with maintaining international security under the UN Charter.

National leaders in these countries are forced to face the question of whether the national security mitigating benefits of FRT outweigh the privacy and equity concerns the technology imposes for populations often considered the most vulnerable. This Article proposes solutions to this ethical dilemma at a national and international level.

Section II walks through how FRT works, the accuracy of the technology, how the technology has expanded and evolved, and the beneficial uses of the technology. Section III discusses the bias of the technology and the privacy implications of its use. Section IV then walks through the governing law including the constitutional privacy rights, the International Convention on Civil and Political Rights (“ICCPR”), the European Convention on Human Rights, the EU General Data Protection Regulation (“GDPR”), and the Guiding Principles on Business and Human Rights. Section V lays out the use of FRT by each of the five nations, and the legal implications of this FRT use. Section VI proposes solutions both at a national and international level, and Section VII concludes the Article.

Recommended Citation

Lindsey Jacques, Facial Recognition Technology and Privacy: Race and Gender - How to Ensure the Right to Privacy is Protected, 23 San Diego Int'l L.J. 111 (2021)
Available at: https://digital.sandiego.edu/ilj/vol23/iss1/5