Law enforcement agencies are constantly seeking new technologies to improve the successful prevention, detection and investigation of crime to keep people safe. In recent years, biometric technology has advanced considerably. Such technologies allow for the identification of people at a distance without their active involvement or participation – a technique called remote biometric identification (RBI). For example, facial recognition technology (FRT) can scan crowds of people with video cameras and identify individuals based on their faces, by comparing the digital facial images obtained with images in databases. The technology works even if parts of the face are covered, such as when wearing a mask. While RBI tools provide opportunities to enhance public security, protect people from crime and find victims of crime or missing people, this AI-driven power raises serious fundamental rights issues.
The European Union (EU) has adopted new legislation, the AI Act (Regulation (EU) 2024/1689), which, among other things, regulates the use of RBI by law enforcement agencies and partly prohibits its real-time use. The AI Act complements other applicable EU and national law governing the use of such systems, such as EU fundamental rights law and the EU data protection acquis. These bodies of law set stringent requirements for RBI’s use, restricting or prohibiting its use by public and private actors, including those outside law enforcement.
This report is based on legal analysis, interviews with law enforcement practitioners and other experts in the field, and non-participant observations of work relating to RBI by selected law enforcement agencies. The empirical analysis was complemented by a quantitative survey with a limited number of people conducted in publicly accessible spaces to capture people’s views on the use of RBI technology by law enforcement in public places.