To be and remain effective, police must be able to use new technologies, such as facial recognition, in investigative cases. The fact that there is no legal basis for facial recognition does not mean that this technology cannot be used by the police. There is no question that the police are acting within the boundaries of current law.
So writes outgoing Minister of Justice and Security Dilan Yeşilgöz-Zegerius in response to written questions by Joost Sneller (D66 (1)).
Following a broadcast of Nieuwsuur ( 2) in January of this year, the MP asked questions. The episode was about the deployment of facial recognition technology by the police, who have been experimenting with it since mid-2023, and the lack of a legal basis for this. The Personal Data Authority criticized in the broadcast because, in its view, there is no legislation authorizing the deployment of facial recognition.
Among other things, Sneller inquired about the minister's reaction to the position of the Personal Data Authority on the lack of a legal basis. He further asked to what extent the minister feels that this technology infringes on the privacy of people and whether she believes that the police should stop using facial recognition technology until there is more clarity on the legal basis.
This week, the minister's answers were made public.
Minister Yeşilgöz-Zegerius writes that she does not recognize the privacy watchdog's position. "In the Nieuwsuur item referenced, the spokesperson for the Personal Data Authority expresses that there is currently no explicit legal basis for the use of facial recognition. However, this does not mean that there is no legal basis for the use of technology by the police and that the actions of the police do not comply with the principle of legality," the minister said.
According to the minister, there is indeed a legal basis that allows the police to use facial recognition. Safeguards for this can be found in the Police Act 2012 and the Police Data Act (Wpg). "For example, the Police Data Act contains provisions on the processing of special police data, such as biometric data for the purpose of uniquely identifying a natural person. The Police Data Act also includes provisions on the automated comparison of police data," the minister wrote to the House of Representatives.
Therefore, for this reason, Yeşilgöz-Zegerius does not think that the police should immediately stop using facial recognition technology. She also thinks it is good that the police are experimenting with it. "To be and remain effective in detection, the police must be able to use new technologies, including facial recognition technology. Any experiments will take place within the applicable legal provisions for this purpose," the minister said.
The politician therefore finds it "neither necessary nor logical" for the Personal Data Authority to review the deployment framework Facial Recognition Technology Police. That document is explicitly about accounting for the infringement of fundamental rights that is made when deploying new technologies, such as facial recognition. A Data Protection Impact Assessment (DPIA) or data protection impact assessment is part of that. Moreover, the minister believes, review is beyond the scope of the regulator.
Finally, Minister Yeşilgöz-Zegerius emphasizes that the police review committee makes an independent judgment on the deployment of facial recognition technology. After all, the committee is not involved in the investigation and has no interest in the outcome of the review. Furthermore, review is only a prerequisite. In the event of a positive assessment by the review committee, the superior ultimately decides whether facial recognition technology may be used in a case.
https://www.tweedekamer.nl/kamerstukken/kamervragen/detail?id=2024Z00433&did=2024D09234
https://nos.nl/nieuwsuur/artikel/2503831-politie-experimenteert-met-gezichtsherkenning-maar-wetgeving-ontbreekt
