Hungary law permitting live facial recognition at outlawed Pride event challenged

The government of Hungary under Viktor Orbán does not like LGBTQ people, and has enacted policies to reflect that. This year, Hungarian Parliament passed controversial amendments to the Assembly Act, the Infraction Act, and the Facial Recognition Technology Act, effectively outlawing any LGBTQ assemblies and permitting the use of live facial recognition. 

Having banned Budapest’s Pride parade (which turned into the country’s biggest anti-government demonstration in years), the government has now threatened to prosecute anyone participating in a long-running Pride event in the town of Pecs, set to take place on October 4. 

Under the legislation, anyone attending the Pecs event will be “committing an infraction.” Participants can be levied fines of up to 500 euros, while organizers can face up to a year in prison.

But a statement from the European Centre for Non-Profit Law (ECNL), Liberties and the Hungarian Civil Liberties Union argues that simply saying anyone at a parade has committed an infraction does not exempt Hungary from EU law, and claims that what the government is proposing would violate the EU Artificial Intelligence Act (AI Act) and the Charter of Fundamental Rights. 

“The amendments criminalise participation in Pride events banned by the police, with penalties, including excessive fines,” the groups say in a letter sent to the European Commission, urging it to launch infringement proceedings against Hungary. “They also introduce the use of facial recognition technology against protesters, which constitutes real-time remote biometric identification in public spaces. This is in direct breach of Article 5 of the newly adopted AI Act.”

The use of real-time facial recognition technology, they say, is “likely to create a chilling effect for the exercise of civic freedoms, in violation of the AI Act and Articles 7 and 8 of the Charter.” 

Hungary’s situation is a prime example of how online safety laws can be leveraged for political and ideological ends. The ban is rooted in a law ostensibly designed to protect children. When a government decides that being gay is a danger to kids, the law is easily exploited for oppression. 

“Hungary’s actions represent a systematic dismantling of EU values and legal obligations,” says the letter. “We call on the Commission to take immediate, decisive steps to uphold the Union’s commitment to democracy, rule of law, and fundamental rights.” 

Article Topics

AI Act  |  biometrics  |  facial recognition  |  Hungary  |  legislation  |  live facial recognition  |  real-time biometrics