From Data Retention to Facial Recognition Technologies: Counter-Terrorism Implications for Human Rights and the Rule of Law

Abstract

This submission to the UN Special Rapporteur concerns the human rights and rule of law implications of technical assistance in counter-terrorism strategies, and the “new technologies”, such as AI and facial recognition technologies in particular. It draws attention to several issues:

• The human rights implications of national and international data retention & intelligence sharing regimes for countering-terrorism, violent extremism and national security;

• The role of private actors in the protection of fundamental human rights while countering- terrorism, violent extremism and national security; and the insufficiency of the relevant binding international human rights legal framework; The rule of law implications of automated decision-making in counter-terrorism efforts;

• The chilling effect of facial recognition technologies used in public spaces to counter- prevent terrorism and violent extremism on human rights; and the absence of any oversight mechanisms of such technology used in many countries around the world.

Keywords: Rule of Law, Counter-Terrorism, Data Retention, Data Protection, Facial Recognition Technology; Artificial Intelligence; Terrorism, Privacy, Human Rights Law, International Human Rights Law, International Law.