With the entry into force of the transparency obligations set out in the AI Act, increasing attention is being paid to the use of biometric identification and recognition systems and to the limits required to ensure a proper balance between security needs, technological innovation, and the protection of fundamental rights.
The issue is particularly relevant in relation to the use of such technologies in contexts characterized by the presence of large numbers of people, such as stadiums, demonstrations, and major events, where the collection and processing of biometric data may result in particularly intrusive forms of control.
On this topic, BorsaeFinanza.it interviewed Aurora Agostini, Partner at LEXIA, who highlighted that compliance with transparency obligations is only one of the aspects to be considered when assessing the lawfulness of these systems.
“The point is not only to inform citizens that they are subject to monitoring. […] The preventive collection of biometric data from anyone accessing stadiums, events, or large gatherings risks turning an exception into a routine form of surveillance, which cannot be justified either by security purposes or by the mere presence of human oversight.”
The framework introduced by the AI Act in fact requires the use of biometric technologies to be assessed from a broader perspective, in which the obligations of information and transparency are complemented by the principles of necessity and proportionality.
The real challenge posed by the AI Act therefore lies in defining a model in which the development and deployment of artificial intelligence tools can coexist with the effective protection of fundamental rights. In this context, transparency, necessity, and proportionality are essential elements to ensure that technologies designed to address specific security needs do not turn into routine and generalized forms of surveillance.
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