The Buenos Aires judge Elena Amanda Liberatori declared today the unconstitutionality of two articles of the facial recognition system who applied the gGovernment of the City of Buenos Airesconsidering that “it was implemented without complying with the legal provisions for the protection of the very personal rights of the inhabitants” from District.
In the resolution, to which the Télam, Liberatori agency, in charge of the Contentious, Administrative and Tax Court 14, had access, gave rise to the collective protection presented at the end of 2020 by the Observatory of Argentine Computer Law (Odia) once morest the administration of Horacio Rodríguez Larreta.
Liberatori took over the case following the City challenged Judge Roberto Gallardo. The judge had resolved the suspension of the system.
This time, the action questioned the constitutionality and conventionality of the rules that ordered the application of the facial recognition system for fugitives (SRFP), a technology that allowed access to biometric data of almost 10 million people, according to the judicial investigation.
In its presentation, the Observatory warned that the security measures, implemented through a private company, “were not preceded by a profound debate regarding the relevance and security of the system.”
also highlighted that “due process was violated, by virtue of the fact that, in his opinion, any person would be ‘judged’ by an artificial intelligence systemwithout the possibility of being in law”, for which it required as a precautionary measure that “the application of the indicated norms be suspended”.
In today’s ruling, Liberatori granted the amparo action “declaring the unconstitutionality of article 1 of Resolution 398/19 insofar as the SRFP It was implemented without complying with the legal provisions for the protection of the very personal rights of the inhabitants of the City of Buenos Aires”.
Also, determined “the nullity of everything taken by the Ministry of Justice and Security of the City within the framework of the SRFP, in violation of article 3 of the Annex to Resolution 398/19, that is, without a verifiable court order”.
and subordinated “The implementation of the SRFP to the constitution and proper functioning of the control bodies, such as the Special Commission for monitoring video surveillance systems within the scope of the City Legislature and the City Ombudsman’s Office”.
In the resolution, meanwhile, the magistrate considered that “the mere eventuality of these shortcomings with the consequences that derive from the very personal rights of the affected people and the absence of controls – not because they are not contemplated in the laws but because of the lack of due implementation according to them-demonstrates a serious degree of risk of violation of personal rights.”
Strictly speaking, the case that investigates irregularities in the use of biometric data by those who have access to the facial recognition system was in charge of the Contentious, Administrative and Tax Judge Roberto Gallardo until last July.
Neverthelesswas set aside by the Superior Court of Justice when making room for a challenge raised by the Buenos Aires Government last July, for which Liberatori was in charge of the file.
The challenge filed once morest Judge Gallardo occurred following, in April, the magistrate ordered, as a precautionary measure, the suspension by the Buenos Aires Government of the SRFP following detecting an alleged irregular use that allowed access to biometric data of people who were not being sought, including political, social, trade union and human rights leaders, as well as judges, businessmen and journalists.
From the City they explained that what declared unconstitutional are two articles of a ministerial resolution and not the Facial Recognition Law approved in the Buenos Aires Legislature.
“The Law was not declared unconstitutional, therefore, once the Commission created by the Legislature together with the Ombudsman’s Office begins to operate, the facial recognition system that, up to now, has managed to capture 1,700 criminals can be restarted. fugitives from Justice among whom are murderers and rapists”, they said from the Buenos Aires administration.
Then they remembered:The Facial Recognition System is intended for the detection, verification, identification and detention of people for whom there is an arrest warrant by the Justice. The system was approved by Law 6339 of the 2020 Legislature, and said law establishes, among other things, an audit of the Ombudsman’s Office. This system made it possible to arrest hundreds of murderers, rapists and other fugitive criminals.”
Upon consultation of LA NACION if Liberatori’s decision will be appealed, they said that “it is being analyzed.”
