2023-04-29 19:20:00
Room I of the Administrative and Tax Litigation Chamber of the Autonomous City of Buenos Aires confirmed that the Fugitive Facial Recognition System through biometric data under certain conditions, without which the issue would incur in aspects that the opponents of the norm considered unconstitutional. According to the ruling, the system was launched and managed without complying with all aspects of current regulations and without control mechanisms.
The resolution was in an amparo action filed by the Association for Civil Rights (ADC) for amparo in 2019 against the City Government, led by Horacio Rodriguez Larretawhich argued that the use of facial recognition was a privacy violation of people and that it was not sufficiently regulated.
Justice declared facial recognition a violation of privacy
The corresponding ruling establishes that the use of facial recognition can only be authorized in specific cases and as long as a judicial authorization has been previously obtained. In addition, the City Government was ordered to adopt measures to ensure data protection people’s personal
Also, the ruling adds that “before putting the SRFP into operation, publicity is given and the neighbors and organizations are informed that the existence of this tool, its operation and the legal rules that govern it in its entirety so request, in order for them to present the observations they deem necessary; scrutinies that must be transmitted to the authority of application of the SRFP in order for it to present the necessary explanations and, if it deems appropriate, adopt measures that perfect the system”.
In April 2022, a precautionary measure had been issued and then a first instance judgment in favor of the amparo action promoted by the Observatory of Argentine Computer Law (ODIA) to which individuals later joined, the Center for Legal and Social Studies (CELS) and numerous entities presented themselves as “amicus curiae” (friends of the court).
The Center for Legal and Social Studies, through a statement on Twitter, comments: “The City Appeals Chamber confirmed the unconstitutionality of the Fugitive Facial Recognition System implemented by the Buenos Aires Government. The ruling confirms what we denounced with @ODIAasoc: the system was managed outside the norm and without control mechanisms”.
“Sala I rejected the appeals of the City Government and the Public Prosecutor’s Office and confirmed the judgment of Judge Liberatori, who in September 2022 indicated that the SRFP was implemented without due protection of the rights of the inhabitants,” he continues.
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Then it states: “In its ruling, the Chamber established that the City Government cannot rehabilitate the operation of the SRFP until a series of requirements are met”:
1. Constitution and proper functioning of the control bodies;
2. That the necessary investigations to determine if the system has a differentiated impact according to the personal characteristics of the affected individuals;
3. Let it happen to the system and be informed about its operation.
“The lack of system controls it makes it possible to affect the right to privacy, to illegitimately restrict freedom of movement and the principle of innocence”, he explains.
Lastly, he clarifies: “It also enables the illegal use of personal data and arbitrary arrests. In this way, it is urgent that the State comply, at least, with the conditions required for the use of this type of technology only for the search of fugitives dictated by Justice. And that enables broad discussion mechanisms about its effects”.
BR / ED
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