Naslov
Facial Recognition as an Investigative Technic – Legal Challenges and Consequences in European Criminal Justice

Autori
Novokmet, Ante ; Tomičić, Zvonimir ; Vidaković Ivan

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, pp prezentacija, znanstveni

Skup
ECLIC International Scientific Conference: The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects (ECLIC 2022)

Mjesto i datum
Osijek, Hrvatska, 09.06.2022. - 10.06.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
artificial intelligence ; charter of fundamental rights ; criminal proceedings ; European Convention on Human Rights ; facial recognition ; human rights

Sažetak
This paper discusses the justification for the use of facial recognition instruments in detecting and identifying the perpetrators of criminal offenses in the European area of criminal justice. Keeping up with different and new techniques of committing crimes and sophisticated tools used by perpetrators to thwart the goal of criminal proceedings, law enforcement authorities in some European countries have developed various facial recognition instruments in order to cope with contemporaneous criminality. At the same time, such modern ways of investigating criminal offenses pose a serious threat to the protection of fundamental human rights and freedoms and open up the problem of illegal surveillance, bias, inaccuracy, and discrimination. Therefore, this paper first examines the current legislative framework established at the level of the European Union in order to determine the legal basis for the use of facial recognition instruments in criminal proceedings. Then, some already functional models of facial recognition instruments developed in selected EU Member States are presented with reflection on recent problems in their daily application, and domestic courts’ first decisions are noted. Finally, the European standards established at the EU level through the Charter of Fundamental Rights and the European Convention on Human Rights are analysed in order to propose minimum European standards that must be followed in order to provide minimum safeguards that should be followed in applying the facial recognition instruments taking in account that any interference with rights and freedoms of the individual has to pursue a legitimate aim, be in accordance with the law and necessary in a democratic society.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
This article is a product of work that has been
fully supported by the
Faculty of Law Osijek Josip Juraj Strossmayer
University of Osijek under the
project nr. IP-PRAVOS-18 ‘Artificial intelligence
and criminal law’.

POVEZANOST RADA