European Union: Adopted Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement

On 26 April 2023, European Data Protection Board (EDPB) adopted the Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement. In the Guidelines, the EDPB analyses the use of facial recognition technology (FRT) by law enforcement authorities (LEAs). The EDPB points out the legal framework for the use of FRT in the GDPR and the potential interaction with rights from EU Charter of Fundamental Rights as important legal background for the Law Enforcement Directive (LED). The EDPB further analyses the provisions of the LED insofar as they are related to FRT and have data protection implications. For example, the EDPB emphasises the importance of data minimisation, giving effect to data subject rights, and of following adequate safeguards. Further, the EDPB points out that the deployment of FRT should be accompanied by a mandatory Data Protection Impact Assessment (DPIA) and consultation with the competent supervisory authority.