Smile, you are being identified! Risks and measures for the use of facial recognition in (semi-)public spaces

Abstract

This article analyses the use of facial recognition technology (FRT) in (semi-)public spaces with a focus in the Brazilian context. Therefore, the operation of the FRT processing chain is addressed, as well as the juridical nature of the facial signature, focusing mainly in the Brazilian data protection framework. FRT has been used in everyday life for several purposes, such as security, digital ranking, targeted marketing and health protection. However, the indiscriminate use of FRT poses high risks to privacy and data protection. In this perspective, to avoid harms such as inaccuracy, normalisation of cyber-surveillance and lack of transparency, safeguards were identified to guarantee individual rights, such as soft law, oversight, international standards and regulatory sandboxes.