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In practice, facial recognition technology is a form of biometrics that allows the identification and authentication of a person's identity through the analysis of their unique facial features, which collects personal data resulting from specific technical processing related to physical, physiological or behavioral characteristics. This technology usually uses artificial intelligence algorithms to compare captured facial images with images stored in a database or with other images in real time.
The process of facial recognition involves capturing an image of a person's face, extracting relevant facial features such as the distance between the eyes, the shape of the nose and mouth, and comparing these features with images stored in a database to verify the person's identity.
In the case of the first fine issued by the ANPD, the company gambling data saudi arabia most likely did not provide any evidence that it had appointed a data protection officer in accordance with the LGPD or that it complied with the criteria of Resolution CD/ANPD No. 2, which regulates the differentiated legal treatment of small-scale data processing agents. Even if it had eventually appointed a data protection officer, the company may still not have provided an adequate communication channel with the data subject, in order to comply with §2, I, of art. 41 of the General Law.
In our view, it is essential that a professional or specialized company be appointed to perform this function, regardless of the size of the company. This is because, according to the Law and the inspection itself that we are discussing here, its absence puts at risk the activities related to the processing of personal data, giving rise to inspections by the regulatory body.
If your company does not have a designated person in charge, the DPO as a service option may be the most appropriate, given the various advantages that exist in this format, which can be analyzed in this article on our blog.
Facial recognition can be used to replicate discriminatory behavior and social controls for mass surveillance, in addition to the possible leak of data or even the unauthorized commercial use of this information. The misuse of this data also leads to vulnerabilities that expose the holder to fraud, scams, identity theft or ideological falsehoods of the most varied kinds.
This technology was highlighted in the legal debate when the Judiciary Branch interrupted the installation of facial biometrics on a São Paulo subway line. At the time, biometric data was collected from passengers, as well as their emotions and reactions to the advertising material that was broadcast on the equipment, however, there was no information or consent from public transport users regarding the use of personal data. |
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