Privacy in the realm of Artificial Intelligence Systems Application for Remote Biometric Identification

The paper analyzes legal approaches to solving key problems of human rights implementation in the conditions of mass exploitation of artificial intelligence (AI) systems in the public space. Within the framework of the study, the emphasis is placed on the features of the legal regulation of the use of artificial intelligence systems for remote biometric identification. The use of these systems is currently only beginning to acquire a regulatory legal framework and law enforcement practice in most countries. The study analyzes several different models of legal regulation that are typical of individual countries and regions, such as the United Kingdom, the United States, China, the EU and Russia.

In the UK, the use of real-time facial recognition systems in public spaces is allowed, but the set of scenarios and situations of their use is significantly limited by legislation and law enforcement practice. In the United States, both at the federal and state levels, there are no general rules that form a unified legal approach to regulating the area in question. The EC has developed a draft Regulation on Harmonized AI Rules (Artificial Intelligence Act), which is supposed to prohibit the use of AI systems for remote biometric identification of individuals in real time in public places. There is no special regulatory regulation of this sphere of public relations in the PRC. The development of these systems in China is controlled by the state, which, due to the high centralization of power, leads to the risk of human rights violations and the creation of an atmosphere of total surveillance of citizens without any legally established framework and restrictions. In Russia, the state is actively deploying these systems at the federal and regional levels in the absence of a specialized regulatory framework. Human rights are protected only by the general norms of the Constitution of the Russian Federation and legislation, law enforcement practice is mainly aimed at ensuring the interests of the state.

1. Andreeva OI, Ivanov VV, Nesterov AYu, Trubnikova TV. Tekhnologii raspoznavaniya lits v ugolovnom sudoproizvodstve: problema osnovaniy pravovogo regulirovaniya ispolzovaniya iskusstvennogo intellekta [Facial recognition technologies in criminal proceedings: the problem of the grounds for legal regulation of the use of artificial intelligence]. Vestnik Tomskogo gosudarstvennogo universiteta [Tomsk State University Journal]. 2019;449:201-212. (In Russ.)

2. Bukaev NM, Ismagilov RA. K voprosu soblyudeniya konstitutsionnykh prav grazhdan v ugolovnom sudoproizvodstve pri ispolzovanii v dokazyvanii kamer s funktsiey raspoznavaniya lits [On the issue of compliance with the constitutional rights of citizens in criminal proceedings when using cameras with face recognition function]. Vestnik Uralskogo yuridicheskogo instituta MVD Rossii. 2021;1:81-85. (In Russ.)

3. Zorkin VD. Potentsial obnovlennoy Konstitutsii [The potential of the updated Constitution]. Rossiyskaya gazeta. Federalnyy vypusk. No. 247 (8598). 2021 October 27. Available from: https://rg.ru/2021/10/27/konstitucionnyjsud-na-rubezhe-chetvertogo-desiatiletiia.html [cited 2021 December 01]. (In Russ.)

4. Gordon B. Automated Facial Recognition in Law Enforcement: The Queen (On Application of Edward Bridges) v The Chief Constable of South Wales Police. Potchefstroom Electronic Law Journal. 2021;24:1-29.

5. Kostka G, Steinacker L, Meckel M. Between security and convenience: Facial recognition technology in the eyes of citizens in China, Germany, the United Kingdom, and the United States. Public Understanding of Science. 2021;30:671-690.

6. Livingston S, Risse M. The Future Impact of Artificial Intelligence on Humans and Human Rights. Ethics & International Affairs. 2019;2:141-158.

7. Roberts H, Cowls J, Morley J, et al. The Chinese approach to artificial intelligence: an analysis of policy, ethics, and regulation. AI & Soc. 2021;36:59-77.

8. Ziyan C, Shiguo L. China’s Self-Driving Car Legislation Study. Computer Law and Security Abstract. 2021;41. DOI:10.1016/j.clsr.2021.105555.