An article written by Litigation Associate Craig Hoffman—“Facial Recognition: The End of Privacy or a Precursor for New Laws?”—was the cover article for the December 2011 CBA Report.
The article suggests that the potential ubiquitous use of facial recognition technology raises critical concerns regarding privacy, security and basic freedom.
Hoffman points out that facial recognition technology is useful, particularly in law enforcement, and can also provide modern convenience, such as the use of self-processing e-passports. Hoffman warns, however, that the technology is not foolproof and the ability to successfully identify a person by matching two photographs is dependent on the quality of images. For example, pictures taken from a surveillance camera, he says, do not meet the ideal standard and could result in a false identification or no match when one should have been made.
Personal liberty and security concerns are also at stake, Hoffman writes. Falsely identified individuals have been temporarily detained by the FBI, and in locations where facial recognition is used to gain access to a secured area, failure to safeguard data in a computer system can lead to unauthorized persons gaining access.
Hoffman concludes by stating that the limitations of facial recognition technology are likely to fade and will continue to pose questions about how we view privacy.