Modern Australian
The Times

Why regulating facial recognition technology is so problematic

  • Written by Liz Campbell, Francince McNiff Professor of criminal jurisprudence, Monash University
Why regulating facial recognition technology is so problematic

The use of automated facial recognition technology (FRT) is becoming more commonplace globally, in particular in China, the UK and now Australia.

FRT means we can identify individuals based on an analysis of their geometric facial features, drawing a comparison between an algorithm created from the captured image and one already stored, such as a driving licence, custody image or social media account.

FRT has numerous private and public-sector applications when identity verification is needed. These include accessing a secure area, unlocking a mobile device or boarding a plane. It’s also able to recognise people’s moods, reactions and, apparently, sexuality.

And it’s more valuable for policing than ordinary CCTV cameras as it can identify individuals in real time and link them to stored images. This is of immense value to the state in criminal investigations, counter-terrorism operations and border control.

How it impinges on rights to privacy

But the deployment of FRT, which is already being used by the AFP and state police forces and by private companies elsewhere (airports, sporting venues, banks and shopping centres), is under-regulated and based on questionable algorithms that are not publicly transparent.

This technology has major implications for people’s privacy rights, and its use can worsen existing biases and discrimination in policing practices.

The use of FRT impinges on privacy rights by creating an algorithm of unique personal characteristics. This in turn reduces people’s characteristics to data and enables their monitoring and surveillance. These data and images will also be stored for a certain period of time, opening up the possibility of hacking or defrauding.

Read more: Close up: the government's facial recognition plan could reveal more than just your identity

In addition, FRT can expose people to potential discrimination in two ways. First, state agencies may misuse the technologies in relation to certain demographic groups, whether intentionally or otherwise.

And secondly, research indicates that ethnic minorities, people of colour and women are misidentified by FRT at higher rates than the rest of the population. This inaccuracy may lead to members of certain groups being subjected to heavy-handed policing or security measures and their data being retained inappropriately.

This is particularly relevant in relation to communities that are already targeted disproportionately in Australia.

What lawmakers are trying to do

Parliament has drafted a bill in an effort to regulate this space, but it leaves a lot to be desired. The bill is currently in second reading; no date has been set for a vote.

If passed, the bill would enable the exchange of identity information between the Commonwealth government, state and territory governments and “non-government entities” (which haven’t been specified) through the creation of a central hub called “The Capability”, as well as the National Driver Licence Facial Recognition Solution, a database of information contained in government identity documents, such as driver licences.

The bill would also authorise the Department of Home Affairs to collect, use and share identification information in relation to a range of activities, such as fraud prevention, law enforcement, community safety, and road safety.

It would be far preferable for such legislation to permit identity-sharing only for a limited range of serious offences. As written, this bill relates to people who have not been convicted of any criminal offences – and, in fact, need not be suspected of any offence.

Read more: Police mugshots: millions of citizens' faces are now digitised and searchable – but the tech is poor

Also, the Australian people have not consented to their data being shared in this way. Such sharing would have a disproportionate effect on our right to privacy.

Importantly, the breach of the right to privacy is compounded by the fact that the bill would permit the private sector to access the identity matching services. Though the private sector already uses image comparison and verification technologies to some degree, such as by banks seeking to detect money laundering for instance, the bill would extend this. The bill does not provide sufficient safeguards or penalties for private entities if they use the hub or people’s data inappropriately.

The prevalence of false-positives in identity matches

In a practical sense, there are also concerns about the reliability and accuracy of FRT, which is developing rapidly but is not without major problems. Whether these problems are just bugs or a feature of FRT remains to be seen.

Experience from the UK illustrates these issues clearly. South Wales Police, the national British lead on facial recognition technology, used the system developed by a private Australian company called Neoface at 18 public gatherings between May 2017 and March 2018. It found that 91% of matches, or 2,451 instances, incorrectly identified innocent members of the public as being on a watchlist. Manual oversight of the program revealed the matches to be false-positives.

Read more: Facial recognition is increasingly common, but how does it work?

The London Metropolitan Police is also running an FRT pilot. It recorded somewhat better figures, but still had a false-negative identification rate of 30% at the Notting Hill Carnival and 22% at Remembrance Day, both in 2017.

The central role of private companies in the development of this technology is also important to flag. FRT algorithms are patented, and there is no publicly available indication of the measurement or standard that represents an identity “match”.

Legislating in a fast-moving, technologically driven space is not an enviable task. There is some benefit to a degree of flexibility in legal definitions and rules so the law doesn’t become static and redundant too soon. But even the most generous interpretation of the bill would admit that it is a flawed way of regulating the use of a powerful and problematic technology that is here to stay, like it or not.

Authors: Liz Campbell, Francince McNiff Professor of criminal jurisprudence, Monash University

Read more http://theconversation.com/why-regulating-facial-recognition-technology-is-so-problematic-and-necessary-107284

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...

Top 5 Mistakes That Wear Out Your Brakes Faster

Brakes don't need frequent replacements like oil changes do.   But a lot of the wear happens quietly, over months, because of habits most drivers...

Plantation Shutters vs Curtains: Which Is Better for Your New Home?

Moving into a new home is an exciting opportunity to personalise your space and make it your own. While many homeowners focus on furniture, flooring...

Celebration of Life vs Traditional Funeral: What's the Difference?

When saying goodbye to someone you love, there is no single way to honour their life. Every family has different traditions, beliefs, and preference...

Building Approval for Roofing Projects: What Homeowners Need to Know

Roofing projects are an important part of maintaining and protecting your home. Whether you're repairing storm damage, replacing an ageing roof, or ...

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...