The ethics of facial recognition technologies, surveillance, and accountability in an age of artificial intelligence: a comparative analysis of US, EU, and UK regulatory frameworks

Published on Jul 29, 2021
· DOI :10.1007/S43681-021-00077-W
Denise R. S. Almeida1
Estimated H-index: 1
,
Konstantin Shmarko1
Estimated H-index: 1
,
Elizabeth Lomas4
Estimated H-index: 4
Sources
Abstract
The rapid development of facial recognition technologies (FRT) has led to complex ethical choices in terms of balancing individual privacy rights versus delivering societal safety. Within this space, increasingly commonplace use of these technologies by law enforcement agencies has presented a particular lens for probing this complex landscape, its application, and the acceptable extent of citizen surveillance. This analysis focuses on the regulatory contexts and recent case law in the United States (USA), United Kingdom (UK), and European Union (EU) in terms of the use and misuse of FRT by law enforcement agencies. In the case of the USA, it is one of the main global regions in which the technology is being rapidly evolved, and yet, it has a patchwork of legislation with less emphasis on data protection and privacy. Within the context of the EU and the UK, there has been a critical focus on the development of accountability requirements particularly when considered in the context of the EU’s General Data Protection Regulation (GDPR) and the legal focus on Privacy by Design (PbD). However, globally, there is no standardised human rights framework and regulatory requirements that can be easily applied to FRT rollout. This article contains a discursive discussion considering the complexity of the ethical and regulatory dimensions at play in these spaces including considering data protection and human rights frameworks. It concludes that data protection impact assessments (DPIA) and human rights impact assessments together with greater transparency, regulation, audit and explanation of FRT use, and application in individual contexts would improve FRT deployments. In addition, it sets out ten critical questions which it suggests need to be answered for the successful development and deployment of FRT and AI more broadly. It is suggested that these should be answered by lawmakers, policy makers, AI developers, and adopters.
📖 Papers frequently viewed together
2020
1 Author (Irena Nesterova)
2021
1 Author (Aarya Chhangani)
References9
Newest
#1Emre Kazim (UCL: University College London)H-Index: 5
Last. Adriano Koshiyama (UCL: University College London)H-Index: 10
view all 3 authors...
As the use of data and artificial intelligence systems becomes crucial to core services and business, it increasingly demands a multi-stakeholder and complex governance approach. The Information Commissioner's Office’s ‘Guidance on the AI auditing framework: Draft guidance for consultation’ is a move forward in AI governance. The aim of this initiative is toward producing guidance that encompasses both technical (e.g. system impact assessments) and non-engineering (e.g. human oversight) componen...
Source
#1Mohamed Abomhara (NTNU: Norwegian University of Science and Technology)H-Index: 8
#2Sule Yildirim Yayilgan (NTNU: Norwegian University of Science and Technology)H-Index: 10
Last. Zoltán SzékelyH-Index: 3
view all 4 authors...
Abstract Advances in technology have a substantial impact on every aspect of our lives, ranging from the way we communicate to the way we travel. The Smart mobility at the European land borders (SMILE) project is geared towards the deployment of biometric technologies to optimize and monitor the flow of people at land borders. However, despite the anticipated benefits of deploying biometric technologies in border control, there are still divergent views on the use of such technologies by two pri...
Source
#1Anu BradfordH-Index: 9
#1Annegret BendiekH-Index: 1
#2Magnus RömerH-Index: 1
Purpose This paper aims to explain how the EU projects its own data protection regime to third states and the US in particular. Digital services have become a central element in the transatlantic economy. A substantial part of that trade is associated with the transfer of data, most of it personal, requiring many of the new products and services emerging to adhere to data protection standards. Yet different conceptions of data protection exist across the Atlantic, with the EU putting a particula...
Source
#1Yilun Wang (Stanford University)H-Index: 10
#2Michal Kosinski (Stanford University)H-Index: 43
We show that faces contain much more information about sexual orientation than can be perceived or interpreted by the human brain. We used deep neural networks to extract features from 35,326 facial images. These features were entered into a logistic regression aimed at classifying sexual orientation. Given a single facial image, a classifier could correctly distinguish between gay and heterosexual men in 81% of cases, and in 71% of cases for women. Human judges achieved much lower accuracy: 61%...
Source
#1Joy BuolamwiniH-Index: 3
#2Timnit GebruH-Index: 16
#1Desmond Upton Patton (Columbia University)H-Index: 15
#2Douglas-Wade Brunton (UM: University of Michigan)H-Index: 2
Last. Rose HackmanH-Index: 1
view all 6 authors...
Police are increasingly monitoring social media to build evidence for criminal indictments. In 2014, 103 alleged gang members residing in public housing in Harlem, New York, were arrested in what has been called “the largest gang bust in history.” The arrests came after the New York Police Department (NYPD) spent 4 years monitoring the social media communication of these suspected gang members. In this article, we explore the implications of using social media for the identification of criminal ...
Source
#1Monique Mann (QUT: Queensland University of Technology)H-Index: 7
#2Marcus Smith (UC: University of Canberra)H-Index: 3
There has been a rapid expansion in the type and volume of information collected for security purposes following the terrorist attacks on the United States of America on 11 September 2001. This event has been described as precipitating a program of ‘globalised surveillance’. New technology, biometric identification and other developments such as metadata retention can provide governments with an increasingly comprehensive picture of citizens’ lives. This has resulted in a rapidly expanding use o...
#1Kelly GatesH-Index: 7
Source
Cited By1
Newest
#1Selin Akgun (MSU: Michigan State University)H-Index: 3
#2Christine Greenhow (MSU: Michigan State University)H-Index: 22
Source
This website uses cookies.
We use cookies to improve your online experience. By continuing to use our website we assume you agree to the placement of these cookies.
To learn more, you can find in our Privacy Policy.