CNIL publishes report on facial recognition

The French Data Protection Authority, Commission Nationale de l’Informatique et des Libertés (CNIL), has released guidelines concerning the experimental use of facial recognition software by the french public authorities.

Especially concerned with the risks of using such a technology in the public sector, the CNIL made it clear that the use of facial recognition has vast political as well as societal influences and risks. In its report, the CNIL explicitly stated the software can yield very biased results, since the algorithms are not 100% reliable, and the rate of false-positives can vary depending on the gender and on the ethnicity of the individuals that are recorded.

To minimize the chances of an unlawful use of the technology, the CNIL came forth with three main requirements in its report. It recommended to the public authorities, that are using facial recognition in an experimental phase, to comply with them in order to keep the chances of risks to a minimum.

The three requirements put forth in the report are as follows:

• Facial recognition should only be put to experimental use if there is an established need to implement an authentication mechanism with a high level of reliability. Further, there should be no less intrusive methods applicable to the situation.
• The controller must under all circumstances respect the rights of the individuals beig recorded. That extends to the necessity of consent for each device used, data subjects’ control over their own data, information obligation, and transparency of the use and purpose, etc.
• The experimental use must follow a precise timeline and be at the base of a rigorous methodology in order to minimize the risks.

The CNIL also states that it is important to evaluate each use of the technology on a case by case basis, as the risks depending on the way the software is used can vary between controllers.

While the CNIL wishes to give a red lining to the use of facial recognition in the future, it has also made clear that it will fulfill its role by showing support concerning issues that may arise by giving counsel in regards to legal and methodological use of facial recognition in an experimental stage.