On real-time facial recognition, the scope of authorizations changes. The request must be addressed to the public prosecutor and no longer, more generally, to the “magistrate,” as the EU Policies Committee of the Chamber requested yesterday.
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This is one of the points emerging from the draft legislative decree transposing the AI Act, the measure that brings artificial intelligence into police investigations. Biometric identification, facial recognition, databases built on people’s faces: this is the most sensitive front of the Italian transposition. The text is now under evaluation by the Council of Ministers, after the preliminary approval on June 10.
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The point destined to change most deeply is article 10, dedicated to facial recognition “after the fact (…) for crime prevention.” Compared to the first formulation, the judicial police officer must now request authorization from the public prosecutor “without delay and in any case no later than twenty-four hours from the system’s activation.”
The tightening also concerns the effects of any lack of approval. If the terms are not respected, “or in case of lack of authorization, the use of facial recognition technologies linked to the authorization request is immediately stopped and all personal data, results, and outputs acquired and produced are deleted, unless they constitute the body of the crime.”
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