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Controversy surrounding police use of FRT in Denmark and Germany continues

Controversy surrounding police use of FRT in Denmark and Germany continues
 

In recent months, European nations have seen heightened debate over the use of facial recognition technology (FRT) by law enforcement, particularly in Denmark and Germany, where digital rights groups and privacy regulators have raised concerns about potential overreach and violations of privacy rights. The controversy has been intensified by the deployment of facial recognition systems to combat organized crime and growing tension over surveillance practices.

Denmark’s data authority questions police over FRT

According to Datatilsynet, Denmark’s Data Protection Authority recently posed critical questions to the Danish National Police regarding their use of facial recognition technology. The inquiry follows the police’s decision to deploy FRT in response to escalating violence from Swedish gangs by the end of the year. The police claim that FRT offers a necessary tool for identifying suspects and enhancing public safety, particularly in border regions where criminal activity has intensified .

However, concerns have been expressed about the potential overreach of such technology. The primary concern lies in whether the implementation of this technology is proportional to the crime-fighting objectives, and whether it adequately safeguards citizens’ privacy rights.

“The Danish Data Protection Authority was created to ensure that citizens’ information is used responsibly, and the use of facial recognition can be a very intrusive tool. It has now been politically decided that the police must have more opportunities to make use of this tool, and so it is natural for us to consider whether the framework for use meets the applicable rules and requirements,” says Anders Aagaard, head of office at the Data Protection Authority.

Growing criticism in Germany over surveillance expansion

Meanwhile, in Germany, a separate but related debate is brewing over law enforcement’s use of real-time facial recognition technology. A recent report highlights that the “Stop Facial Recognition” alliance is actively campaigning to prohibit the use of automatic facial recognition and other forms of biometric surveillance in public spaces, with some organizations even warning that they can take extreme measures. The AI Act expressly forbids the use of live remote biometrics in public spaces except in specific circumstances.

This comes as the federal government’s draft law, which grants powers to police to automatically monitor publicly available biometric data, continues to be debated. Proponents argue that FRT can be instrumental in preventing crimes and identifying suspects quickly. In fact, Friedo de Vries, president of Lower Saxony’s State Criminal Office (LKA), recently advocated for giving police the ability to use facial biometrics to track down offenders facing prison sentences of more than one year.

Yet, the plans have been met with opposition based on the argument that these measures could lead to mass surveillance and a significant erosion of civil liberties.

The broader European debate

The debates in Denmark and Germany are reflective of a broader European struggle to balance security with privacy in the face of evolving surveillance technology. The AI Act, put in place to set the legal framework for AI technologies across Europe, has placed increased scrutiny on facial recognition systems.

Law enforcement agencies, however, see the technology as indispensable for tackling organized crime, terrorism, and other security threats. Conversely, privacy advocates argue that such tools, if left unchecked, could lead to disproportionate surveillance and abuse.

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