Worrying loophole in Italy's facial recognition ban points to EU's future

Italy has introduced a new ban on facial recognition, but it has an apparent exemption that will reverberate across the EU.

New Ruling Bans Facial Recognition Technology (FRT) — Unless is used for crime fighting or judicial investigation. Italy’s data protection agency has pledged to maintain the ban until new legislation is passed, or at least until the end of 2023.

“The ban stems from the need to regulate eligibility requirements, conditions and assurances related to facial recognition in order to comply with the principle of proportionality,” the regulator said Monday in means in the statement ).

Civil rights advocates are wary of the new restrictions but fear loopholes could be exploited.

“This will affect all private use. Obviously there are some huge questions about how broadly ‘fighting crime’ is interpreted, but Interested to watch this,” tweeted Calli Schroeder, global privacy advisor at the Electronic Privacy Information Center (EPIC).

Italy bans facial recognition unless used to fight crime. This will affect all private use.

Obviously there are some big questions about how broadly “fighting crime” is interpreted, but interested in watching this. https://t.co/fEVc3nxmEY

— Techni-Calli (@Iwillleavenow) November 15, 2022

Italy’s new rules come amid intense EU debate over FRT limits. The European Union is moving towards ratification of the landmark AI Act, which will become the world’s first comprehensive legal framework for artificial intelligence.

FRT has proven to be a divisive part of the proposal. Most EU legislators now want to ban the use of this technology to scan people indiscriminately in real time. However, these restrictions are intended to leave exceptions for policing.

Supporters of these exemptions think they will help fight crime , but opponents warn that they are ripe for abuse . In September, MEP of the European Parliament (MEP) and AI Bill Co-Rapporteur Dragos Tudorache stated that immunity would constitute “difficult control and accountability.”

We should – I will do my best – in Parliament completely prohibited in .

critics Be wary of rules that lead to mass surveillance and heavy-handed policing. These risks are particularly acute for marginalized groups and dissidents who disproportionately become discriminatory AI and Inaccurate FRT result.

These results were blamed on biased policing, unrepresentative training data , and combinations of both. Activists worry about FRT algorithmically reinforcing and automating human bias.

These dangers also cause anxiety among lawmakers. Last week, Brando Benifei, co-reporter of the Italian Ministry of Environmental Protection and the AI ​​Act, called for new EU regulations including an outright ban ) on biometric mass surveillance.

“Today, the Commission’s proposed ‘ban’ has two distinct loopholes: private spaces and ‘ex-post’ acknowledgments not included in guilt, but there are some exceptions for criminal investigation and prosecution,” he said. “We should – and I’ll do what I can – ban it outright in Parliament.”

Final rules still in play to pass EU way, but they can agree in mid-November. As the world’s first attempt at horizontal regulation of artificial intelligence, its impact will go beyond the European Union.