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Italy: Garante considers Ministry's facial recognition system unlawful

April 19, 2021
Summary

The Italian data protection authority, Garante, deemed the Ministry of Interior's facial recognition system, Sari Real Time, unlawful due to lack of legal basis, potential for mass surveillance, and concerns over large-scale automated processing of biometric data at social and political events. The Garante criticized the system's design for its capability to monitor up to 10,000 faces and generate alerts for law enforcement, which could lead to universal surveillance. The authority emphasized the need for a legal framework that respects rights and freedoms, sets clear identification criteria for watchlists, and ensures non-discrimination.

The Italian data protection authority ('Garante') published, on 16 April 2021, an opinion, adopted on 25 March 2021, on the Ministry of Interior's intended use of a facial recognition system, called Sari Real Time. In particular, the Garante affirmed that there would be no legal basis justifying this system, as it would create a form of indiscriminate mass surveillance in its current design. In addition, the Garante outlined that the system, which would generate an alert to law enforcement forces when its facial recognition algorithm identifies a match between a predefined watchlist of up to 10,000 faces, would constitute large-scale automated processing of individuals present at social and

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