Unacceptable-Risk Technologies: Regulations, Rights and the Rule of Law Provisionally Accepted
Mais Qandeel- 1Örebro University, Sweden
Despite their pronounced potential, unacceptable-risk technologies, such as facial recognition, have been used as tools for, inter alia, digital surveillance and policing. This usage raises concerns in relation to the protection of basic freedoms and liberties and upholding the rule of law. This article contributes to the legal discussion by investigating how the law must intervene, control and regulate the use of unacceptable-risk technologies that concern biometric data from a human-rights and rule of law perspective. In doing so, the article first examines the collection of biometric data and the use of facial recognition technology. Second, it describes the nature of the obligation or duty of states to regulate in relation to new technologies. The article, lastly, assesses the legal implications resulting from the failure of states to regulate unacceptable-risk technologies and investigates possible legal remedies. The article uses some relevant EU regulations as an illustrative example.
Keywords: unacceptable-risk technologies, Facial recognition technology, responsibility to protect, duty to regulate, Human Rights, Biometric data, the rule of law, legal certainty Left
Received: 18 Dec 2023;
Accepted: 16 May 2024.
Copyright: © 2024 Qandeel. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
* Correspondence: Dr. Mais Qandeel, Örebro University, Örebro, Sweden