Austrian data authority: Facial recognition at climate demo was unlawful

Police use of facial recognition technology at a climate demonstration in Vienna was unlawful, Austria's data protection authority has ruled. The decision stems from an incident in March 2023 where activists were detained during a protest against a gas conference.

When several activists refused to identify themselves, police photographed them. Subsequently, it was revealed that artificial intelligence and facial recognition software were used to automatically compare these photos with the central evidence registry. The data protection authority stated that this process, which involves processing sensitive biometric data, lacked a sufficient legal basis.

Around 140 people were arrested during the protest, which was forcibly dispersed, leading to accusations of excessive police force. While proceedings against many demonstrators were eventually dropped, the use of facial recognition for identification purposes was challenged. The NGO epicenter.works filed a complaint on behalf of one activist, N., arguing that the automated facial comparison was an "intervention-intensive" data processing activity without adequate legal grounds.

The authority's decision means that not only was this specific instance unlawful, but previous police facial recognition matches may also have lacked a legal basis. The ruling mandates an immediate cessation of such practices. "Such powerful technologies must be used carefully and responsibly," said Sebastian Kneidinger, policy advisor at epicenter.works. "The state, in particular, must not only pick out the advantages but must also ensure clear rules and effective protective measures."

Kneidinger called for a clear law defining when such comparisons are permissible and how affected individuals can be protected. The data protection authority suggested potential safeguards, including limiting use to specific offenses or urgent cases, requiring prior court approval, or establishing independent oversight.

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Such powerful technologies must be used carefully and responsibly. The state, in particular, must not only pick out the advantages but must also ensure clear rules and effective protective measures.