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Rights concerns trigger facial recognition reviews in Paraguay, Balkans and Hungary

Rights concerns trigger facial recognition reviews in Paraguay, Balkans and Hungary
 

Facial recognition is being used more around the world but with this increased usage comes concerns over issues such as transparency, privacy, data use and human rights. Hungarian plans for facial recognition to target participants in Pride parades meanwhile are under scrutiny by the EU Commission.

First up, the nonprofit Association of Technology, Education, Development, Research, Communication (TEDIC), based in Asuncion, Paraguay, has a new report on the South American country.

The organization has analyzed the implementation of facial recognition cameras by the Paraguayan State in ‘Not With My Face,’ and suggests that, since 2018, Paraguay’s national police has “significantly increased” the use of facial recognition cameras.

The results have been “ambiguous” TEDIC claims with concerns over privacy and the security of personal data, while pointing to the alleged lack of transparency in tender processes, which it believes creates conditions “conducive to corruption.” The report also delves into the funds acquired in purchasing equipment.

The report is the latest to call to attention the balance between protecting civil liberties and the use of “invasive technologies.” A Brazilian report mapped the transparency and accountability of facial recognition projects, and, due to claimed lack of transparency, ultimately called for banning the technology in Brazil.

The Paraguayan report meanwhile concluded that the acquisition and use of facial recognition cameras occurred without an “adequate” legal framework, a finding that highlights more advanced regulatory battles in other regions, such as that which has occurred in Australia and the debate surrounding the use of facial recognition in retail and privacy law.

TEDIC, for its part, argues in its conclusion that such use without the legal framework violates human rights principles and exposes the population to mass surveillance and discrimination. Pointedly, the report urges the issues be addressed from “a global and human rights perspective.” The full report can be read here.

Biometric surveillance in the Balkans scrutinized

The Balkan Investigative Reporting Network (BIRN) believes surveillance and censorship is worsening across the western Balkans.

Referring particularly to Albania, Kosovo, Montenegro and Serbia, the report looks at expanding use of biometric surveillance and facial recognition technologies across the region. “Across the region, surveillance technologies meant to ensure security are increasingly weaponised to stifle dissent and control public discourse,” said Megi Reci, BIRN Digital Rights Programme Research Lead.

“In Serbia, the pervasive fear of being watched leads to widespread self-censorship, while in Albania, tools used to block platforms have sparked concerns that they may also serve as instruments of surveillance,” Reci claimed, as one of the authors of the report.

Raising privacy and ethical concerns, the report also highlights that while legal frameworks around surveillance and censorship are often aligned with EU standards, with many of the countries seeking to join the European Union, there is a gap in enforcement and practice, it claims. The full BIRN report can be read here.

EU to review Hungary’s facial recognition planned for Pride

Hungary’s plan to use facial recognition technology at Pride parades is being investigated by the European Commission.

As a full member of the European Union Hungary has to comply with the bloc’s stringent laws and regulations, and Hungary’s proposed use of the technology is under review for compliance with EU law. Politico reports that a Commission spokesperson said the review will examine if Hungary’s plans are allowed under the EU’s Artificial Intelligence Act, which came into force in February.

The Act prohibits identification via real-time facial recognition, although there are exceptions for serious crimes such as murder or terrorism. Italian MEP Brando Benifei, who helped to create the AI Act and is co-chair of a group responsible for the law’s implementation, commented on the review.

“Hungary’s amended law appears to enable the use of real-time biometric surveillance at Pride events, which is an application clearly falling under the AI Act’s prohibitions,” he told Politico (via Posteo).

Budapest Pride will celebrate its 30th anniversary this year, but it has come under attack by Hungary’s government, which passed a law in March that makes it illegal to organize or attend gatherings that contravenes the country’s “child protection” law. The controversial law makes illegal the availability of information about non-heterosexual lifestyles to minors. This has the consequence of making attending Budapest Pride, which is due to take place in June, punishable with authorities able to fine participants up to 200,000 Hungarian forints ($562). The authorities are also allowed to use facial recognition to identify participants.

While Benifei has repeatedly called out Hungary’s plan and said it violates EU law, while being incompatible with GDPR, critics point to many loopholes in the Act. For example, under the AI Act a time lag in facial recognition to identify people, as opposed in real time, would be permitted. Since the Hungarian police send footage to the Hungarian Institute for Forensic Sciences to conduct facial recognition Hungarian officials could argue that it is not in fact real-time facial recognition.

However, even if this was the case strict regulatory requirements, such as seeking approval from a judge, would still need to be followed, according to the EU Commission spokesperson quoted by Politico.

The AI Act allows for violators to be fined but imposition of such fines is left to member states.

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