Organizations issue a statement against Bill No. 1828/2023
The bill authorizes the use of facial recognition systems in public transportation systems and government buildings
Foto: SECOM - Prefeitura da Cidade de São Paulo
The “Direitos na Rede” (Rights in the Network) coalition and the “Tire Meu Rosto da Sua Mira” (Get my Face out of your Crosshairs) campaign, through this joint statement, expose their concerns with Bill No. 1828/2023, which authorizes the installation, throughout national territory, of facial recognition cameras in railway and highway stations, inside train wagons, in public roads, and in government buildings.
This legislative initiative is in stark contrast with criticism against the use of this technology demonstrated by civil society and academia, as well as normative discussions that see these technologies as an “excessive risk” to fundamental rights, like the current text of Bill No. 2338/2023. Extensive research has already exposed the inefficacy of this type of technology when it comes to improving public security policies, coupled with the exorbitant financial spending required for its implementation. The adoption of these systems is also proven to have been riddled with transparency bottlenecks in terms of acquisition processes, operating agreements, information security, the protection of sensible personal data, as well as their governance, supervision and control.
Facial recognition technologies (FRT) are continually criticized due to their tendency to algorithmic discrimination, increasing situations of injustice and violence, particularly against Black people, women, and transgender individuals. In this sense, facial recognition technologies explicitly attack the fundamental rights that are most crucial to the Brazilian social order. Freedom of assembly, of association, of manifestation, and the right to move as one pleases are all hindered by the bolstering of surveillance that this technology brings to spaces where thousands of people move around, such as railway, subway, and bus stations. Its use further leads to the reduction of privacy, of the presumption of innocence, of non-discrimination, and of personal data protection. The growing adoption by public authorities of a technology that restricts fundamental rights, one that is not yet regulated in the country, contradicts the principle of legality.
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In 2023, the Consumer Protection Institute (IDEC, Instituto de Defesa do Consumidor) won a lawsuit filed against the São Paulo subway concession holder ViaQuatro, due to the use of facial recognition technologies for the massive acquisition of personal data of transportation users. This action exposed the possibility of the commercial use of biometric and behavioral data — emotion recognition — without the consent of those affected and contradicting the General Data Protection Law (LGPD, Lei Geral de Produção de Dados). IDEC, together with the São Paulo State Public Defender’s Office, the Federal Public Defender’s Office, the Intervozes collective and other partners, is still working on another lawsuit pending against the São Paulo Subway due to the implementing of facial recognition cameras in the subway, in yet another mass surveillance initiative.
The Bill does not offer guarantees regarding the possibility of data sharing and uses of this facial recognition technology for purposes other than public security.
Thus, the organizations signing this joint statement are going public with their repudiation of the possibility of this bill passing in a full session of congress, indicating the need to reject it or, at least, the need for a more participative debate regarding its wording and consequences.
