The Use of Facial Recognition Technology Without Consent: the Legal Boundary Between Public Security and the Right to Privacy
Year: 2026
Type: article
Abstract: This article analyzes the legal implications of deploying facial recognition technology (FRT) in public spaces without the explicit consent of the data subject. The study delineates the technological and legal distinctions between conventional video surveillance and automated biometric identification, specifically focusing on the shift from 1:1 verification to 1:N mass identification. International standards are examined through the lens of the Constitution of the Republic of Uzbekistan, the European Union's Artificial Intelligence Act (AI Act), European Court of Human Rights (ECtHR) jurisprudence, and performance evaluations by the National Institute of Standards and Technology (NIST). The paper challenges the "implied consent" fallacy, arguing that presence in a public sphere does not constitute a waiver of biometric privacy. It concludes with practical legislative recommendations for establishing procedural safeguards, purpose limitation, and proportionality criteria to strike an equitable balance between public safety and fundamental privacy rights.
Source: Arabian journal of science.
Author: Xurramova Nozima Ikromovna
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225286329
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