Danish Data Protection Agency questions National Police use of facial recognition technology in investigations

The Danish Data Protection Agency has raised a series of questions to the National Police regarding the use of facial recognition technology in investigations. Following authorization by the government and several parties in Parliament on September 5, the police have permission to utilize facial recognition for certain cases. The Data Protection Agency aims to clarify whether the police have adhered to relevant data protection regulations.

The Agency’s inquiries include the considerations the National Police have taken regarding compliance with two specific clauses of the law on law enforcement. These clauses outline the need for a consequence analysis of the new tool’s implementation and consultation with the Data Protection Agency.

When the application of new technologies is likely to involve a high risk to individuals’ rights, the data controller must conduct an analysis of potential consequences for personal data protection before proceeding. Additionally, the law stipulates that the data controller, in this case the police, must consult with the Data Protection Agency prior to processing personal data.

The controversy surrounding the use of facial recognition technology has intensified due to recent issues related to serious gang crime, prompting the police to adopt this tool. They are allowed to utilize it for identifying faces and objects, such as specific bicycles, on video footage collected during investigations, but they cannot use it in real-time surveillance.

Comments from political leaders reflect concerns about oversight. Some argue for judicial oversight to ensure the tool is used properly, while others stress the importance of proper legislation and regulation. The use of facial recognition is described as a significant intrusion, sparking ongoing debate about its necessity and potential risks. The National Police has three weeks to respond to the Data Protection Agency’s questions starting Monday.