Data Protection Advocates Criticize Use of Facial Recognition at Climate Demonstration in Vienna

At a demonstration against the gas conference in Vienna in March 2023, about 140 people were arrested. The police are criticized for excessive violence. Proceedings were initiated against many demonstrators, including N., who refused to identify himself. The police photographed him and subsequently initiated proceedings. Ultimately, the proceedings against all 165 climate activists were dropped.

Data Protection Advocates File Complaint Against Use of Facial Recognition at Climate Demo in Vienna

Only after a specific inquiry to the police about how his personal data was used did it become clear: Identification was carried out using automated facial recognition. According to epicenter.works, there is no legal basis for this, and the NGO filed a complaint on his behalf. As of March 2020, the database of the Ministry of the Interior contained data sets of over 600,000 people - by now, it is likely to be somewhat more. According to the European Court of Justice, the use of such tools must not be arbitrarily expanded. However, over eight percent of the Austrian population indicates such an expansion, according to the data protection NGO to the APA.

This technology is by no means error-free. In the fall of 2023, an Austrian was held in pre-trial detention in Serbia for two months because an international arrest warrant was issued against him by the Graz public prosecutor's office. He was accused of being the head of a counterfeit money gang. The accusation was based on a video from a supermarket surveillance camera. He was ultimately released when his innocence was established. In the specific case, people were also wrongly identified, and proceedings were initiated against individuals who did not even participate in the demo, according to the NGO.

Data Protection Advocates See Danger of Arbitrary Use Through Facial Recognition

N. calls for clear rules for the use of facial recognition software: "Such facial recognition software is legally highly problematic and should not actually be used - and if it seems absolutely necessary, then only under clear rules and in no case against political demonstrations," he says in an interview with the APA. Sebastian Kneidinger from epicenter.works agrees: "We see in countries like Hungary how facial recognition can also be specifically used to restrict protests. Such developments should have no place in a democracy."

In principle, the AI Act created an EU law to restrict or prohibit high-risk AI applications such as facial recognition (for example, real-time facial recognition in public spaces). However, matters of "national security" are exempt. Kneidinger criticizes this: "The dangers of the uncontrolled use of artificial intelligence are already evident in reality. That is precisely why binding rules like the AI Act are needed to effectively safeguard fundamental rights."

Ministry of the Interior defends use of facial recognition

The Ministry of the Interior naturally sees these rights as secured. However, the relevant passage is outdated and contains no provisions on the use of artificial intelligence, according to data protection advocates. In response to a parliamentary inquiry regarding the case of the man detained in Serbia, Minister Gerhard Karner (ÖVP) stated: "Digital image comparison does not result in identification, this is always done by a human. Further measures based on the comparison result require prosecutorial orders or judicial approval. There are no real-time comparisons. Discrimination based on skin color, gender, or other factors is therefore excluded."

"epicenter.works" is, according to its own definition, "Austria's largest data protection organization." It conducts legal analyses and is consulted as an expert in parliament, but also advises ministries free of charge, for example with the "Stop Corona App," or supports private individuals. On Thursday, the NGO celebrates its 15th anniversary at the Brotfabrik.

(APA/Red)

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