在公共场所使用实时面部识别技术.docxVIP

Information Commissioner’s Opinion Information Commissioner’s Opinion | 18 June 2021 1 Information Commissioner’s Opinion: The use of live facial recognition technology in public places 18 June 2021 Contents Executive Summary 4 What is facial recognition technology? 4 What is live facial recognition? 4 Why is biometric data particularly sensitive? 5 How is LFR used? 5 What are the key data protection issues involved in LFR? 6 What are the requirements of the law? 6 Next steps 8 Introduction 9 Live facial recognition in public places 9 The importance of biometric data 9 The Commissioner’s work on LFR 10 Scope of this Opinion 12 How LFR is used today 14 ICO analysis and key issues 14 Surveillance uses 14 Marketing and advertising uses 17 Other uses of LFR 19 Key data protection issues 19 International examples 22 Public perceptions of LFR 24 The requirements of data protection law 26 Why data protection law applies 26 Legal requirements in brief 28 Purposes for LFR 30 Lawful basis and special category data 30 Necessity and proportionality 34 Fairness and transparency 37 Assessing risks and impacts 41 Other compliance issues 45 Surveillance and direct marketing considerations 47 Watchlists 47 Collaboration with law enforcement 48 Compliance issues with direct marketing 49 Conclusions and next steps 51 Key requirements for controllers 51 Recommendations to industry 53 The Commissioner’s next steps 54 Annex: Expectations on data protection impact assessments for live facial recognition in public places 56 Introduction 56 The importance of robust evaluation 56 Data protection impact assessments for LFR 57 Executive Summary Facial recognition technology (FRT) relies on the use of people’s personal data and biometric data. Data protection law therefore applies to any organisation using it. Live facial recognition (LFR) is a type of FRT that often i