Facial Recognition and the Right to Privacy : Facial Recognition Technologies in Law Enforcement: A Legal Analysis of their Compability with European Human Rights and the Principle of Proportionality

Gang-related crime and criminal networks have increased in Sweden during the last two decades. As a measure to fight against these kinds of crime have the Swedish Government and the Ministry of Justice have proposed several legislative changes that would increase the police´s ability to use biometric data in law enforcement. In addition, there are ongoing proposals for new legislation regarding facial recognition technologies in real-time. Consequently, this thesis examines the compatibility of facial recognition systems with European human rights standards. Specifically, the compatibility with the right to privacy and the principle of proportionality under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Additionally, the compatibility with data protection and e.g. the Artificial Intelligence Act (AI Act) has been examined. One of the main findings of the study was that the principle of proportionality very important when restricting rights. For instance, safeguards such as time limits on the storage of biometric data are necessary. Furthermore, any restriction must pursue a legitimate aim such as prevention of crime, public safety, or the protection of the rights of others. There must be a pressing social need, and the measure must be proportionate to the aim pursued. Consequently, balancing of interests plays a key role. The study concludes that facial recognition technology in law enforcement may pose both opportunities and potential risks.