Biometric Video Surveillance as a Means of Public Safety - A Legal Examination of its Possible Applications in Public Spaces
PhD student: Lisa Fürst, M.Iur.
Biometric facial recognition has long since become commonplace for many. We use it to unlock smartphones or have our identity established with our ID cards. However, the use of this technology for video surveillance in public space is highly controversial and has so far only been tested within pilot projects in Germany. The dissertation is dedicated to the legal issues that would accompany the future application of biometric video surveillance as a security tool.
This paper examines whether the use of biometric video surveillance can be based on existing federal or state law authorizations. It also reviews whether the eligible standards can withstand constitutional scrutiny. Central to this is the right to informational self-determination, from which strict requirements for permissible use arise. In the light of fundamental equality rights, the potential for discrimination through visual recognition systems is also discussed and corresponding legal protection mechanisms are developed.
Moreover, the use of biometric video surveillance is also examined for its admissibility under EU law. The focus of this review is the EU draft regulation establishing harmonized regulations for artificial intelligence. The restrictions on the use of biometric facial recognition contained therein raise the question of the extent to which the Union has regulatory competence to regulate internal security as the original core area of Member State sovereignty via competences under data protection law. The legal requirements for the use of biometric video surveillance are compiled with regard to a legal basis to be introduced into the PolG NRW. Furthermore it is discussed how an appropriate balance between security gain and freedom guarantee can be achieved.