Apparently some law enforcement authorities in the EU use facial recognition technology on recordings made during political protests, which can have a chilling effect on the right to freedom of assembly. The European Union Agency for Fundamental Rights (FRA) writes in its report entitled ‘Facial recognition technology: fundamental rights considerations in the context of law enforcement’: ‘It is difficult to imagine situations where the deployment of facial recognition technologies on people participating in demonstration may be necessary and proportionate’.

At the same time, the Commission is looking into expanding the Prum system to include facial images.

1. Does the Commission consider it compatible with fundamental rights for public authorities to use facial recognition technology on protesters or recordings of protests?

2. If the Prum system were to be expanded to include facial images, would there be any safeguards to ensure that data is not queried for purposes of biometric mass surveillance of protests or public spaces?