FACIAL RECOGNITION TECHNOLOGY IN EU CRIMINAL JUSTICE - HUMAN RIGHTS IMPLICATIONS AND CHALLENGES

Abstract

This paper considers the legal justification for the application of various advanced systems of facial recognition technology for the purpose of initiating and conducting criminal proceedings. Therefore, the theoretical foundations and minimum European standards are first analyzed as a basis for the deployment of various facial recognition technology (hereinafter: FRT) systems in practice of law enforcement agencies. Then the legislative framework of selected European countries that have already established certain forms of FRT in criminal proceedings are presented. The experiences and legal consequences of the application of such systems are analyzed, and the first decisions of the judiciary on the admissibility of the results of actions and measures based on FRT as evidence in criminal proceedings are presented. Finally, the existing normative solutions are critically reviewed and, based on common European standards established to protect citizens from the repressive power of state bodies, the minimum conditions that must be met in order to harmonize the use of FRT with the basic principles of contemporary European criminal proceedings are proposed.