A Civil Libertarian Looks at Facial Recognition Technology

It comes as no surprise that we are in the midst of an increasingly informational age and, consequently, an information gathering one as well. The rise of modern electronic surveillance technology creates a paradigm is which the amount of information generated is directly proportional to the development of new techniques to gather that information. Currently in the front rank of this ever-increasing upward spiral of information gathering is facial recognition technology. So, what are we as civil libertarians and concerned citizens to make of this development?

Facial recognition systems are built on computer programs that analyze images of human faces for the purpose of identifying them. Unlike many other biometric systems, facial recognition can be used for general surveillance in combination with public video cameras, and it can be used in a passive way that doesn’t require the knowledge, consent, or participation of the subject. The biggest danger is that this technology will be used for general, suspicionless surveillance systems. State motor vehicles agencies possess high-quality photographs of most citizens that are a natural source for face recognition programs and could easily be combined with public surveillance or other cameras in the construction of a comprehensive system of identification and tracking.

As a citizen and a civil libertarian, my initial reaction to any “batch” collection of essentially personal and individual information is one of concern. The delicate dance between the “reasonable expectation of privacy” that is constitutionally guaranteed to every citizen and the “information as the foundation of public safety” ethic which strangely seems of equal value to many is an equation that is not easily balanced. However, the assemblage of huge amounts of information in the absence of any clear plan for its use or designation of its purpose creates a potential for abuse that should concern us all, civil libertarian and members of the public alike. This delicate dance is currently playing out in at least one local public forum.

The Santa Cruz City Council will soon consider a model surveillance ordinance which would ban facial recognition technology, a proposal that has the strong support of the local and regional ACLU. Citizens will have their opportunity to weigh in on this latest potential threat to privacy and all concerned citizens should attend and make their voices heard. Nevertheless, it is worth revisiting the issue of police surveillance generally from time to time to ensure that public input is both vocal and consistent.

Law enforcement is an intelligence gathering entity which is always engaged in an “investigation”. The instinct of any police agency to gather information is irresistible and, indeed, part of its training and standard operational procedures. And even though we hope that most officers in their pursuit of public safety would exercise a measure of reasonable restraint with respect to the information, and particularly the quantum of information that could be gathered by facial recognition technology, we also would like to believe that our private lives will not become a matter of public record. Can this be the balance between our reasonable expectation of privacy and the stated need for gathering information that the Constitution envisions? Or does a new and ever-expanding wave of surveillance technology fail the personal privacy litmus test that we as individual citizens determine for ourselves?
Unfortunately, in today's world, that may be just one more piece of information that will be gathered and analyzed and which yields no real nor measurable outcome or answer.

What we do know is that the only way to safeguard and preserve our privacy and civil liberties is eternal vigilance. This is just a gentle reminder.