The decision could set an important precedent for the region, with other jurisdictions soon following suit
Technology designed to catch criminals collected significant personal data: On 7 September 2022, a Buenos Aires judge ruled that the city’s facial recognition system is unconstitutional, signalling the end of a long-running legal battle over its implementation. The Sistema de Reconocimiento Facial de Prófugos (SRFP) was introduced by the Buenos Aires Government in 2019 to search for around 40,000 fugitives, but it subsequently enabled the collection of personal information of millions of people, including journalists and politicians. As a result, the judge declared the SRFP unconstitutional as it was implemented without complying with legal provisions for the protection of the personal rights of the capital’s inhabitants. They added that due to the system’s failings, there were several instances of ‘false positives’ and wrongful detentions, which violated principles of innocence.
The decision does not however make facial recognition illegal: In addition, the judge invalidated all information collected by the Ministry of Justice and Security of Buenos Aires through the SRFP without a verifiable court order, thereby discarding the biometric records of millions of people. However, the ruling does not prohibit facial recognition systems in Argentina per se, for example as a tool to help the police to detect and apprehend suspected criminals. Instead, it requires the technology to function in line with the constitution and under the supervision of the relevant bodies. In making their decision, the judge highlighted problems in a number of key areas:
Administrative errors and inconsistencies;
A lack of precautions in developing and implementing the SRFP, e.g. no impact assessment or citizen participation;
No body created to oversee the system’s operation; and
The absence of necessary controls for privacy and non-discrimination.
Automated facial recognition faces restrictions elsewhere: Having first been suspended in April 2022, the recent ruling on the SFRP halts Buenos Aires authorities making use of around 9,500 cameras equipped with facial recognition software. The decision has been welcomed by privacy campaigners and civil society organisations, and could set a precedent for both the rest of Argentina and the wider region given there are several governments that have already implemented facial recognition systems or are considering doing so in the future. While we are far from seeing facial recognition technologies disappear in Latin America, other jurisdictions are controlling their use more tightly. Between 2019-2021, about two dozen US state or local governments passed laws restricting facial recognition or biometric data, particularly for law enforcement purposes. Through the AI Act, the EU has also proposed to restrict facial recognition in public places, with narrow exceptions.
