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Facial recognition technology is evolving, and so are the laws that dictate how it can be used. Here is a look at the state of these regulations in 2020.
Facial recognition technology may feel like a futuristic concept to some people, but IT professionals and security agencies know that it is very much a part of our present-day society. Laws around the use of facial recognition technology continue to evolve — as does the technology itself. The rules vary from state to state, are hotly discussed on the senate floor, and are unclear to many individuals.
While many people can agree on both the benefits and the dangers of facial recognition, no consensus exists. For businesses in the private sector and government agencies considering the use of this technology, it can be challenging to understand these nuances and make the best possible decisions on the scope of its use.
Here are five basic facts on the legality of facial recognition technology.
1. Laws vary by location
Facial recognition technology laws vary greatly by jurisdiction. They are different depending on the country, state, and are even litigated on a city level.
For example, it is illegal for city agencies in Somerville, Massachusetts and Oakland, California, to use facial recognition technology. In some cities, police officers are not permitted to use it. In other cities, such as Portland, Oregon, private companies may not use it.
Those considering using facial recognition technology are advised to pay close attention to regulations in their own areas.
2. Federal facial recognition policies are still under debate
Those looking for federal guidance on facial recognition will not find much. This issue is largely left up to states.
In November 2019, a bill was introduced in the senate to restrict law enforcement use of facial recognition. This bill, called the Facial Recognition Technology Warrant Act, only applied to federal agencies. It would require law enforcement to obtain permission to use this technology and limit long-term surveillance, essentially eliminating real-time recognition.
Many politicians have advocated for regulating facial recognition technology, while others, including Senator Bernie Sanders, have called for an outright ban.
3. Some activists oppose it
As the Facial Recognition Technology Warrant Act was announced, activists from a group called Fight for the Future arrived in Washington D.C. wearing white hazmat suits. They attached smartphones to their heads and began a livestream of facial recognition technology, scanning about 14,000 faces as a way of demonstrating the implications of this technology.
The concern of Fight for the Future and other activists is that facial recognition technology could fall into the hands of the wrong people, such as criminals. They also oppose scanning faces without consent and the storage of facial recognition data. Organizations such as Greenpeace and the ACLU support Fight for the Future’s ideas.
4. Some companies support it
Those who support facial recognition technology are quick to point to the good it could potentially do for society. This includes helping the police solve cold cases, identifying terrorists, preventing mass shootings, and finding missing people.
Many technology companies support this technology, citing the positive effects of the technology. For example, Microsoft said a ban on facial recognition would be “cruel.”
5. Facial recognition is more common than most realize
Anyone who has logged onto social media or used a newer model of iPhone has likely already engaged with facial recognition technology. Despite its futuristic feel, facial recognition is already part of most people’s day-to-day lives.
For example, Facebook uses this technology to suggest photo tags. In 2019, the social network offered an option to opt-out of facial recognition, but if users keep it on, the technology can be used to notify them if they are in photos but not tagged. It also helps individuals with visual impairments identify who is in a photo and can be used to alert users if they are being impersonated.
Apple also uses facial recognition in its Face ID feature. This allows users to unlock iPhones and iPads with their faces just by looking at them.
Key takeaways
Ultimately, facial recognition is an evolving issue. It is legal in some places, illegal in others, and oftentimes illegal for certain private or public agencies. Before using facial recognition technology, businesses and individuals should check current laws and consider the ethics of how they plan to use it.
Unisol International offers expert advice and best-in-class products that can be sold around the world. We’re is compliant with trade regulations and knowledgeable about regulations on facial recognition and other technology. Contact us today to learn how facial recognition technology could be used by your business.
