Facial Recognition Technology and the Right to Privacy: Legal Challenges in Automated Identification

Abstract

Facial recognition technology has emerged as a significant application of artificial intelligence, enabling automated identification and verification of individuals through biometric characteristics. Its increasing deployment in law enforcement, airports, financial services, public spaces, and digital platforms has generated substantial benefits in security and convenience while simultaneously raising serious legal concerns. Unlike conventional passwords or identification documents, facial characteristics are intrinsic and difficult to replace once compromised. This article examines the relationship between facial recognition technology and the legal protection of privacy, focusing on biometric data, surveillance, consent, accuracy, algorithmic bias, data security, and governmental use. It argues that unrestricted deployment of facial recognition can create significant risks to individual autonomy and informational privacy, particularly where individuals are identified or monitored without meaningful knowledge or control. The article proposes a rights-based regulatory framework incorporating necessity, proportionality, purpose limitation, data minimization, transparency, human oversight, accuracy requirements, independent auditing, and effective remedies. The article concludes that facial recognition technology can provide legitimate security and identification benefits, but its deployment should remain subject to strong legal safeguards designed to protect privacy, dignity, equality, and individual autonomy.