From Data Retention to Facial Recognition Technologies: Counter-Terrorism Implications for Human Rights and the Rule of Law
Submission to the Thematic Report for the 76th Session of the General Assembly, 2021
9 Pages Posted: 6 Aug 2021
Date Written: June 30, 2021
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.
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