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Facial recognition technology represents the state of the art in modern criminal investigations. However, the legal position regarding its use in Europe remains unclear. This ambiguity is not because of a total lack of applicable norms. Rather, it occurs because the existing standards create a kind of legal patchwork distributed among European Union primary and secondary laws and norms from the Council of Europe. Although the recent European Commission proposal on a legal framework for artificial intelligence has clarified some issues, it has also added more complexity to an already unclear domain. Before launching an effort to build a specific set of norms for the use of FRT in criminal investigations, it is crucial to survey the norms already in place to avoid contradictions and overlaps. [ABSTRACT FROM AUTHOR]

The COVID-19 pandemic has boosted the development and use of technology by increasing the use of previously existing technological resources, such as maps identifying population movements; assigning new uses to previously existing technological mechanisms, such as the use of facial recognition for monitoring infected people; and encouraging the development of new technologies, such as apps that ascribe risk codes to citizens. Without these digital measures, the pandemic would probably continue to expand, or, alternatively, entire populations would have to be quarantined for months (or even years), with significant consequences arising from either scenario. Technologies provide tools to avoid those scenarios. However, digital measures come at a price to our rights, namely our rights to privacy and liberty. Precautions and limitations ought to be imposed on the use of these technologies, forming a code of digital governance for COVID-19. [ABSTRACT FROM AUTHOR]

Facial recognition technology is a state-of-the-art digital tool widely used by private and public entities. Its benefits are notable, but the challenges that it presents cannot be overlooked, as this paper will expose. In Europe, a major challenge is ensuring compliance with the General Data Protection Regulation, starting with the search of a proper legal ground for data processing and the identification of an adequate exception to allow the processing of biometric data. The implementation of security measures and the risks associated with data transfer to third countries must also be considered. A further issue is the reliability of facial recognition technology, which relates to data accuracy. These challenges are substantial, but they are not insurmountable. More comprehensive and in-depth knowledge of the legal intricacies of the General Data Protection Regulation, more secure and transparent data-processing procedures, and full acknowledgement of the technology's limitations might provide a liability shield. [ABSTRACT FROM AUTHOR]