Russian Court Rules Facial Recognition Doesn’t Violate Privacy

Moscow’s Tverskoy District Court ruled on Tuesday that the facial recognition system launched on January 1 does not violate the privacy of citizens, paving the way for a 105,000-strong camera network to stay.

The decision was a blow to activists and opposition politicians who argued that the surveillance operation was illegal, Reuters reports.

The case against Moscow’s Department of Technology, DIT, was filed by lawyer and activist Alena Popova and opposition politician Vladimir Milov of the Solidarnost party in January.

They sought to ban use of the technology at mass events and protests and to delete all stored personal data previously collected.

“This ruling shows there are no legal defences for facial recognition complaints,” Popova’s lawyer, Kirill Koroteev, told the media.

The DIT is in charge of managing the surveillance network in Moscow. According to reports, it has spent 3.3 billion roubles, about $53.3 million, installing cameras and licensing facial recognition software to bring the network online.

During the court proceedings the system was on, with the Russian authorities using it to ensure that people who were ordered to remain at home or at hotels under the coronavirus quarantine are doing so.

Meanwhile, the DIT website says it uses the video surveillance system in crowded areas to “ensure safety”. It says that video footage is deleted within five days of an incident, unless a request by the public or law enforcement is made.

Following the first court hearing on January 31, rights watchdog Amnesty International said facial recognition systems posed a threat to Russian citizens’ privacy and human rights.

“In the hands of Russia’s already very abusive authorities, and in the total absence of transparency and accountability for such systems, it is a tool which is likely to take reprisals against peaceful protest to an entirely new level.

“It is telling that the Russian government has provided no explanation as to how it will ensure the right to privacy and other human rights, nor has it addressed the need for public oversight of such powerful technologies,” Natalia Zviagina, Amnesty’s Russia Director, said.

This is the second time that Popova has filed a lawsuit against the DIT concerning the video surveillance system.

She was previously fined for participating in a protest in Moscow in 2018, and claims that she was only identified with the use of facial recognition.

Last November, the Savelovsky District Court of Moscow refused to examine her claims that her right to privacy was undermined by the establishment of Moscow’s video surveillance system and the lawsuit was dismissed.

The face recognition system covering the whole Moscow underground transportation network is set to be fully operative by September 1.

French Court Rules against Facial Recognition in High Schools

A court in Marseille ruled on Thursday that authorities in France’s southeastern Provence-Alpes-Cote d’Azur region had no power to authorise the use of facial recognition systems in two high schools in Nice and Marseille.

The city’s Administrative Court overturned the decision of regional authorities, ruling that only schools had the power to authorise such technology.

The court ruled that the decision breached the General Data Protection Regulation, GDPR, as such systems are based on consent but students cannot give consent freely given the relationship of authority that binds them to the school’s administration.

“To my knowledge, this is the first judgment in France concerning the use of facial recognition technologies in public space,” said Alexis Fitzjohn O Cobhthaigh, a lawyer representing several associations that brought the case to court.

Disproportionate measure

The case stems from an experiment launched at the end of 2018 to equip the Ampère high school in Marseille and Les Eucalyptus in Nice with virtual access control devices, by which cameras would recognise high school students and grant them access and be able to follow the trajectory of people.

A number of digital and human rights organisations said the plan violated individual freedoms. France’s National Data Protection Commission, CNIL, also came out against it in October 2019, calling the experiment disproportionate and illegal.

“This installation cannot be implemented legally,” the head of the CNIL wrote to the regional authority in charge of approving the trials, according to a letter cited by the investigative website Mediapart.

According to French media, parents and teachers’ unions also opposed the experiment.

The Administrative Court ruled that using facial recognition to control access to high schools was a disproportionate measure.

Nevertheless, some French media reports said regional authorities were pressing ahead with the plan regardless of the court’s ruling.

Call for total ban

The case was brought in February 2019 by French advocacy group La Quadrature du Net, which works to promote and defend fundamental freedoms in the digital world.

“In France, this is the first court decision about facial recognition and the first success against it! We hope it will be followed by a series of other successes leading to the total ban of facial recognition,” the group wrote on their website on February 27.

La Quadrature du Net and 80 other civil society groups signed a joint letter on December 19 calling on French authorities to ban facial recognition for any purposes of security and surveillance, citing similar bans in San Francisco and other US cities.

“Facial recognition is a uniquely invasive and dehumanising technology, which makes possible, sooner or later, constant surveillance of the public space,” they wrote.

“It creates a society in which we are all suspects. It turns our face into a tracking device, rather than a signifier of personality, eventually reducing it to a technical object. It enables invisible control. It establishes a permanent and inescapable identification regime.”

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