Use of Facial Recognition Technology by Police Authorities

• Jurisdiction: European Union
• Year: 2024

Speaker

Dr. Xavier Tracol is a Senior Legal Officer at EUROJUST since September 2008, specializing in EU privacy and personal data protection law. Based in The Hague, he works in the Data Protection Office, focusing on privacy law within the context of serious crime investigations. He also participates in EUROJUST's Security Committee.

Previously, from April 2000 to September 2008, Xavier worked as Appeals Counsel at the Office of the Prosecutor of the UN International Criminal Tribunal for the former Yugoslavia. He has also practiced law as an attorney at the Bar of Paris.

Xavier lectures in EU law at the University of Grenoble Alpes and regularly speaks at legal conferences and seminars on privacy and data protection. He has contributed to EU projects such as the European Informatics Data Exchange Framework for Courts and Evidence.

Xavier holds several degrees including a LLB in European Law, a LLM in Human Rights and Civil Liberties, and a PhD in Public Law. He is a member of various professional boards and has published extensively on international criminal appeal proceedings, privacy, and personal data protection in English and French. He has a particular interest in EU case law, fundamental rights, and data protection issues such as mass surveillance and data breaches.

Topic

Xavier Tracol played a pivotal role in a landmark case regarding the use of facial recognition technology by police authorities. The case, Glukhin v. Russia, involved Nikolay Glukhin, who was identified and arrested through the use of live facial recognition technology while participating in a peaceful protest in the Moscow underground.

Tracol's involvement highlighted the legal and ethical implications of such technology in law enforcement. The European Court of Human Rights found violations of Article 8 (right to respect for private life) and Article 10 (freedom of expression) of the Convention. The court noted the lack of detailed rules governing the use of facial recognition technology and the absence of strong safeguards against abuse and arbitrariness.

The judgment underscored the importance of clear and precise regulations to protect fundamental rights. Tracol's expertise...