Italy’s government, DPA argue over legality of face biometrics retention plan

Italy’s new policy on storing face biometrics is or is not breaching EU laws, depending on who you ask. Data protection authority Autorità Garante per la Protezione dei Dati Personali (GPDP) says sì. A representative of Premier Giorgia Meloni says no.

A decree of Italy’s federal government to allow the storage of face biometric data from anyone who passed video cameras in areas deemed sensitive for seven days was approved by the EU Policies Committee within Italy’s Senate on Wednesday, setting up a vote in the lower legislative house on Thursday. The GPDP declared the policy inconsistent with the restrictions on public use of live facial recognition within the EU’s AI Act hours later, and the lower house vote was postponed.

An official with Meloni’s office told Italian publication Ansa that “Italy will continue to comply with European regulations regarding facial recognition in accessible public spaces, starting with the AI Act, as it has done so far.”

At issue is whether the collection of biometric data continuously and subsequent retrospective processing, as part of a forensic investigation, counts as live facial recognition.

The decree applies to video footage from locations declared sensitive to public order, like areas where political demonstrations are held, sports events and other gatherings.

The three exceptions identified by the AI Act are for missing persons searches, imminent terrorist threats and identification of specific serious offences.

A European Commission spokesperson emphasized that the “facial recognition in publicly accessible spaces is a prohibited practice under the AI Act,” but also noted that without scrutinizing the Italian policy he could not definitively confirm that the prohibition applies.

The debate has arisen in the aftermath of rioting in Bologna and protests that turned violent in Susa Valley, in both of which “scores” of police were injured, according to Ansa.

Public facial recognition is possible under the AI Act, according to Herta, which just completed a sandbox trial run by Spain’s government to demonstrate the possibility of such a legal deployment.

The EU postponed its deadline for developers of high-risk systems like law enforcement biometrics to comply with the AI Act to December, 2027 in May.

Article Topics

AI Act  |  data protection  |  facial recognition  |  Italy  |  live facial recognition  |  video surveillance