FACIAL RECOGNITION IDENTIFICATION AND HUMAN RIGHTS: A CRITICAL ANALYSIS OF EUROPEAN UNION LAW IN MIGRATION CONTEXT

Facial recognition is becoming an increasingly common technology in border control management, mainly at international airports, but also as a tool for migration control. As a biometric tool, it allows for quick and automated identification of individuals, which is particularly important in the context of migrant movement. In recent years, the European Union has introduced a number of legal regulations concerning the use of biometric technologies, including facial recognition, in order to ensure that these solutions comply with the protection of fundamental rights. Key legal acts in this area include Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), which recognises biometric data as a special category of personal data, and the Artificial Intelligence Act (AI Act), which classifies facial recognition systems used in border and migration control as high-risk technologies, imposing specific requirements on them in terms of transparency, human oversight, and assessment of their impact on fundamental rights. This article analyzes the use of this technology in relation to fundamental human rights, with particular emphasis on the right to privacy, the prohibition of discrimination, and the principle of proportionality. It presents European Union legal regulations and recommendations aimed at ensuring compatibility between technological progress and the protection of fundamental rights.