Facial recognition technology on the internet, not limited to individuals with a criminal history
The German Federal Ministry of the Interior (BMI) has proposed a new "security package" that aims to expand digital investigative powers and introduce extensive biometric surveillance technologies, including facial recognition and AI-driven analysis. This plan, however, has raised serious concerns due to its potential for mass biometric data processing and the removal of key constitutional protections such as judicial authorization.
Under the proposed package, the Federal Police and the Federal Criminal Police Office (BKA) would be allowed to search for persons in publicly accessible data from the internet using biometric photos or voice samples. This would not only apply to suspects but also to victims or witnesses. The BKA and the Federal Office for Migration and Refugees (Bamf) may already be using biometric facial recognition in the internet for asylum seekers who do not present identification papers.
The draft, which was leaked recently, suggests potential cooperation with third-party providers offering such technologies. However, it does not clearly address or reconcile the existing EU ban on the use of certain biometric systems, such as Clearview AI, due to fundamental rights and data protection concerns.
The European Union’s AI regulation prohibits systems that create databases for face recognition by "unselectively reading face images from the internet". Operators of search engines like Clearview create databases in which they store the biometric data of billions of faces as mathematical representations, and they scour the public internet and process the found faces without the consent of the affected persons.
Experts and civil society groups warn that full biometric recording on the internet and AI-driven profiling would violate fundamental rights and EU restrictions. They call for transparent and constitutional-compliant debate instead of rushing implementation.
The BMI's draft security package is not the first attempt to enforce these new powers for online profiling. The previous attempt made by the Ministry of the Interior, then under Nancy Faeser (SPD), failed.
The timetable for the legislative package is not yet clear. The federal and federal association participation will take place next, followed by the cabinet's decision, and then the package will be passed on to the Bundestag.
It is crucial to note that the use of face search engines like Clearview is currently banned in the EU. The situation calls for further political and judicial scrutiny before any enactment to ensure compliance with the EU ban and to protect privacy and fundamental rights.
- The German Federal Ministry of the Interior's proposed security package, incorporating data-and-cloud-computing technology like biometric surveillance and AI-driven analysis, has raised significant policy-and-legislation concerns due to its potential for mass biometric data processing and the risk of violating constitutional protections.
- The draft security package suggests potential cooperation with third-party providers offering biometric technologies, raising questions about its reconciliation with the existing EU ban on the use of certain systems, such as Clearview AI, due to fundamental rights and data protection concerns.
- The timely implementation of the security package, including its provisions for using face search engines like Clearview, needs to be approached with caution, considering the EU’s general-news stance against unregulated use of such technologies, and the need to protect privacy and fundamental rights.
