Specifically, the planned litigation will concern the exemptions provided for in Decree Law 139/2021, converted into Law 205/2021 (the so-called "moratorium"). This law suspended the installation and use of facial recognition technology in public spaces by public and private actors. under which the installation and use of biometric surveillance technology is suspended in all public places-whether used by private or public actors (the so-called "moratorium"). There are, however, two exceptions: 1) such technologies may be used by law enforcement and judicial authorities for the prevention, investigation, detection, and prosecution of crimes, or for the execution of criminal sanctions; and 2) ex ante control by the Data Protection Authority is not required for the purposes contained in 1).  

  

All of this is in violation of the fundamental rights made explicit by the Italian Constitution, the EU Charter of Fundamental Rights, and the European Convention on Human Rights (ECHR), among others; and is also contrary to the dominant position at the European and international level (made explicit, inter alia, in the Resolution adopted by the European Parliament in October 2021), which sees the need for stricter regulations aimed at preventing the arbitrary use of these technologies, given also their discriminatory nature.  

  

Our strategic goal is to ensure that biometric surveillance can only be carried out in accordance with a well-defined legislative framework and with respect for fundamental human rights.  

  

We are seeking partners, at the national and European levels, who are pursuing similar litigation efforts. We want to build a strong network to initiate not only advocacy but also coordinated legal actions.   

  

Are you an NGO pursuing similar goals in the Italian or European context?    

  

Have you been involved in a criminal case in which facial recognition technology has been used?    

  

Contact us through our social channels or at info@strali.org.  If you want to contact us anonymously, you can create a free anonymous email account using Protonmail or Tutanota. If you prefer, you can also indicate in the email your own Telegram contact or from another service that does not reveal your identity.  

 

The project was funded by the Digital Freedom Fund.

Read more here:

https://digitalfreedomfund.org/use-of-facial-recognition-technology-by-law-enforcement-and-judicial-authorities-in-italy/.