The Cambridge Handbook of Facial Recognition in the Modern State

doi:10.1017/9781009321211

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Lynch, Nessa 2024. Facial Recognition Technology in Policing and Security—Case Studies in Regulation. Laws, Vol. 13, Issue. 3, p. 35.

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Widaningsih 2025. Inclusive Positivism and the Courts: Reconciling Legality and Legitimacy in Contemporary Democracies. Legalis : Journal of Law Review, Vol. 3, Issue. 4, p. 513.

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Zalnieriute, Monika 2025. Artificial Intelligence and the Rule of Law. p. 97.

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Edited by Rita Matulionyte, Macquarie University, Sydney, Monika Zalnieriute, University of New South Wales, Sydney

Publisher:: Cambridge University Press
Online publication date:: March 2024
Print publication year:: 2024
Online ISBN:: 9781009321211
DOI:: https://doi.org/10.1017/9781009321211
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Series:: Cambridge Law Handbooks
Subjects:: Law: General Interest, Computer Science, Computing and Society, Law, Law and technology, science, communication
Collection:: Cambridge Law Handbooks

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In situations ranging from border control to policing and welfare, governments are using automated facial recognition technology (FRT) to collect taxes, prevent crime, police cities and control immigration. FRT involves the processing of a person's facial image, usually for identification, categorisation or counting. This ambitious handbook brings together a diverse group of legal, computer, communications, and social and political science scholars to shed light on how FRT has been developed, used by public authorities, and regulated in different jurisdictions across five continents. Informed by their experiences working on FRT across the globe, chapter authors analyse the increasing deployment of FRT in public and private life. The collection argues for the passage of new laws, rules, frameworks, and approaches to prevent harms of FRT in the modern state and advances the debate on scrutiny of power and accountability of public authorities which use FRT. This book is also available as Open Access on Cambridge Core.

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Contents

The Cambridge Handbook of Facial Recognition in the Modern State
pp i-ii
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The Cambridge Handbook of Facial Recognition in the Modern State - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Contents
pp v-viii
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Figures
pp ix-x
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Contributors
pp xi-xviii
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Acknowledgements
pp xix-xx
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Introduction
pp 1-8
Facial Recognition in the Modern State
- By Rita Matulionyte, Monika Zalnieriute
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Part I - Facial Recognition Technology in Context
pp 9-124
Technical and Legal Challenges
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1 - Facial Recognition Technology
pp 11-28
Key Issues and Emerging Concerns
- By Neil Selwyn, Mark Andrejevic, Chris O’Neill, Xin Gu, Gavin Smith
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2 - Facial Recognition Technologies 101
pp 29-43
Technical Insights
- By Ali Akbari
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3 - FRT in ‘Bloom’
pp 44-59
Beyond Single Origin Narratives
- By Simon Michael Taylor
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4 - Transparency of Facial Recognition Technology and Trade Secrets
pp 60-73
- By Rita Matulionyte
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5 - Privacy’s Loose Grip on Facial Recognition
pp 74-86
Law and the Operational Image
- By Jake Goldenfein
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6 - Facial Recognition Technology and Potential for Bias and Discrimination
pp 87-95
- By Marcus Smith, Monique Mann
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7 - Power and Protest
pp 96-111
Facial Recognition and Public Space Surveillance
- By Monika Zalnieriute
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8 - Faces of War
pp 112-124
Russia’s Invasion of Ukraine and Military Use of Facial Recognition Technology
- By Agne Limante
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Part II - Facial Recognition Technology across the Globe
pp 125-126
Jurisdictional Perspectives
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9 - Government Use of Facial Recognition Technologies under European Law
pp 127-138
- By Simone Kuhlmann
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10 - European Biometric Surveillance, Concrete Rules, and Uniform Enforcement
pp 139-154
Beyond Regulatory Abstraction and Local Enforcement
- By Paul De Hert, Georgios Bouchagiar
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11 - Lawfulness and Police Use of Facial Recognition in the United Kingdom
pp 155-172
Article 8 ECHR and Bridges v. South Wales Police
- By Nora Ni Loideain
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12 - Does Big Brother Exist?
pp 173-185
Facial Recognition Technology in the United Kingdom
- By Giulia Gentile
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13 - Facial Recognition Technologies in the Public Sector
pp 186-197
Observations from Germany
- By Andreas Engel
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14 - A Central-Eastern Europe Perspective on FRT Regulation
pp 198-213
A Case Study of Lithuania
- By Eglė Kavoliūnaitė-Ragauskienė
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15 - An Overview of Facial Recognition Technology Regulation in the United States
pp 214-227
- By Mailyn Fidler, Justin (Gus) Hurwitz
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16 - Regulating Facial Recognition in Brazil
pp 228-241
Legal and Policy Perspectives
- By Luca Belli, Walter Britto Gaspar, Nicolo Zingales
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17 - FRT Regulation in China
pp 242-252
- By Jyh-An Lee, Peng Zhou
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18 - Principled Regulation of Facial Recognition Technology
pp 253-266
A View from Australia and New Zealand
- By Nessa Lynch, Liz Campbell
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19 - Morocco’s Governance of Cities and Borders
pp 267-284
AI-Enhanced Surveillance, Facial Recognition, and Human Rights
- By Sylvia I. Bergh, Issam Cherrat, Francesco Colin, Katharina Natter, Ben Wagner
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