Facial Recognition Technology: The Particular Impacts on Children

Abstract

Facial recognition technology (FRT) is used increasingly in various jurisdictions and settings to confirm identity for security and/or convenience, and as a mechanism of surveillance, regulation, and crime control. This chapter critically explores the legality of the use of FRT to police and monitor children in settings such as public and educational spaces. Drawing on relevant privacy and criminal law scholarship, this chapter argues that inadequate protections have been afforded to children who are the subject of FRT surveillance. Discrimination in the use of surveillance technology by the police is a particular issue, given the stark over-representation of certain groups of children in investigation and apprehension statistics. Children are increasingly involved in expressing views through public protest (for example, on climate change) and are subject to the remit of FRT in public spaces, as well as increasingly in education settings and other contexts. This chapter argues that a focused analysis and a more prescribed legal framework are necessary, especially given the increased protection afforded to this group through the international children's human rights framework.