GLUKHIN v RUSYA: KİŞİSEL VERİLERİN KORUNMASI BAĞLAMINDA CEZA ADALET SİSTEMİNDE KİMLİK TESPİTİ AMACIYLA YÜZ TANIMA

The proliferation of video surveillance tools and advances in technology have paved the way for the acquisition of more images and the widespread use of facial recognition systems. Facial recognition systems that process facial templates that are unique or distinctive features of individuals use biometric technologies. As a matter of fact, the processed facial templates are also biometric personal data. Therefore, the ability of facial recognition systems to process facial templates depends on compliance with the basic principles and rules of data protection and the additional safeguards provided for special categories of data. The European Court of Human Rights, which evaluates personal data in the context of Article 8 of the Convention, also recognizes the basic principles and rules set out in international legislation in its jurisprudence on the acquisition, storage and processing of biometric data. Turkey’s national legislation adopts a similar approach. In the study, which consists of four parts, the Glukhin judgment is summarized, followed by an explanation of the scope of facial recognition systems and their use in the criminal justice system, and then the development of the Court’s jurisprudence and an evaluation in the context of Turkish law. In the conclusion, recommendations are made regarding the legal basis and implementation of facial recognition technology, which is planned to be used in Turkey in the near future through the body cameras of the police.