Controversy surrounding police use of FRT in Denmark and Germany continues

In recent months, European countries have seen increased debate over the use of facial recognition technology (FRT) by law enforcement, most notably in Denmark and Germany, where digital rights groups and privacy regulators have raised concerns about potential overreach and violations of privacy rights. The controversy has been heightened by the use of facial recognition systems to combat organized crime and growing tensions over surveillance practices.

Danish Data Protection Authority questions police over FRT

According to Datatilsynet, the Danish Data Protection Authority recently raised critical questions with the Danish National Police about their use of facial recognition technology. The investigation follows the police’s decision to deploy FRT in response to escalating Swedish gang violence towards the end of the year. Police claim that FRT provides a necessary tool for identifying suspects and improving public safety, especially in border regions where criminal activity has intensified.

However, concerns have been raised about the potential overreach of such technology. The primary concern is whether the implementation of this technology is proportionate to the objectives of combating crime and whether it adequately protects the privacy rights of citizens.

“The Danish Data Protection Authority was established to ensure that citizens’ information is used responsibly, and the use of facial recognition can be a very intrusive tool. It has now been politically decided that the police should have more possibilities to use this tool, and so it makes sense that we consider whether the framework for use complies with the applicable rules and requirements,” says Anders Aagaard, head of the office at the Data Protection Authority.

Growing criticism in Germany over expansion of supervision

Meanwhile, a separate but related debate is raging in Germany over the use of real-time facial recognition technology by law enforcement. A recent report highlights that the “Stop Facial Recognition” alliance is actively campaigning to ban the use of automatic facial recognition and other forms of biometric surveillance in public spaces, with some organizations even warning that they could resort to extreme measures. The AI Act explicitly prohibits the use of live remote biometrics in public spaces except in specific circumstances.

This comes as the federal government’s draft law, which would give police powers to automatically monitor public biometric data, is still under discussion. Proponents argue that FRT could play an important role in preventing crimes and quickly identifying suspects. Friedo de Vries, chairman of the Lower Saxony State Crime Office (LKA), recently even advocated giving police the ability to use facial biometrics to track down offenders who face prison sentences of more than a year.

However, opposition has emerged to the plans, with claims that the measures could lead to mass surveillance and a significant erosion of civil liberties.

The broader European debate

The debates in Denmark and Germany reflect a broader European struggle to balance security and privacy in the face of evolving surveillance technology. The AI Act, which was created to set the legal framework for AI technologies across Europe, has put facial recognition systems under a microscope.

However, law enforcement agencies see the technology as essential to combating organized crime, terrorism and other security threats. Conversely, privacy advocates argue that such tools, left unchecked, could lead to disproportionate surveillance and abuse.