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Automated Facial Recognition Technology

Recent Developments and Approaches to Oversight

Bibliographic Data

ID6174097
AuthorsMonique Mann (0000-0001-8372-3797, Queensland University of Technology), Marcus Smith (0000-0001-9810-979X, University of Canberra)
Year2017
Volume40
Issue1
Publication date2017-04-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueUniversity of New South Wales Law Journal (JOURNAL)
Journal identifiersISSN: 0313-0096 • E-ISSN: 1839-2881
PublisherUniversity of New South Wales Law Journal (PUBLISHER • AU)
DOI10.53637/kavv4291
OpenAlexW2584953422
LanguageEN
Citations received5

There has been a rapid expansion in the type and volume of information collected for security purposes following the terrorist attacks on the United States of America on 11 September 2001. This event has been described as precipitating a program of ‘globalised surveillance’. New technology, biometric identification and other developments such as metadata retention can provide governments with an increasingly comprehensive picture of citizens’ lives. This has resulted in a rapidly expanding use of human biometric information in law enforcement investigations and other applications. The first part of this article describes Automated Facial Recognition Technology (AFRT) and its law enforcement and border security applications, as well as integration with image sources such as closed circuit television (CCTV), social media and big data. Recent developments including biometric identification documents (licences and passports) and information sharing arrangements that promote searching between state, territory and national government databases to facilitate a national facial recognition system will be discussed. These developments are reviewed against the backdrop of tension between individual privacy rights and collective security objectives. The second part of the article examines existing privacy protections, law enforcement exemptions, and regulatory options based on an international review of current oversight models. As is often the case in relation to technological advancements, government regulation and the legal system have lagged behind, and potential regulatory approaches have not been adequately discussed in either public debate or the academic literature. In the absence of a constitutional bill of rights or a cause of action for serious invasion of privacy in Australia, there are limited protections in relation to biometric information, and those that do exist, such as protections provided by the Privacy Act 1988 (Cth), are subject to exemptions. This has led to a significant governance gap. In order to align with international regulatory practices, the functions and funding of the Office of Australian Information Commissioner (OAIC) should be strengthened or, alternatively, a Biometrics Commissioner should be introduced

Business · Computer security · Data Protection Act 1998 · Enforcement · Government (linguistics · Identification (biology · Information privacy · Internet privacy · Law enforcement · Metadata · National security · Political science · Terrorism · Computer Science · Freedom of Expression and Defamation · Law

  • Automated facial recognition and policing

    Open Access•Joe Purshouse, Liz Campbell•Legal Studies•2022

  • ‘Only in our best interest, right?’ Public perceptions of police use of facial recognition technology

    Adelaide Bragias, Kelly Hine et al.•Police Practice and Research•2021

  • The limits of (digital) constitutionalism

    Open Access•Monique Mann, Angela Daly et al.•International Communication Gazette•2018

  • Understanding the risks of China-made CCTV surveillance cameras in Australia

    Open Access•Ausma Bernot, Marcus Smith•Australian Journal Of International…•2023

  • Technology, Law, and the Formation of (il)Liberal Democracy

    Open Access•Adam Molnar•Surveillance & Society•2017

Unique citing works5
Citations per year0,56
Citation span2017 - 2023 (7)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 5

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