The Legal Firewall under the Algorithmic Panopticon: "Precision Regulation" and Privacy Reconstruction of Facial Recognition in Public Places

Abstract

There is an increasing use of facial recognition technologies (FRT) in daily life. The privacy invasion created by this technology and the public's growing discomfort with being monitored at all times are having an impact. They are affecting people's ability to feel secure when entering and leaving public places. While this article will not provide a comprehensive list of all laws developed because of FRT, it will explore how society is moving toward new ways of organizing its societal norms and public values. Using the framework of “first principles” reveals how legal systems are developing laws around new and existing technologies; in this specific instance, the article provides examples of the continual existence of the presumption of innocence and the right to be treated equally under the law. Once these principles are analyzed, the article examines how the techniques used to regulate these technologies, such as minimum necessity, edge storage, and quantified filing, are built using institutions and their interrelationships. Using the European Union's and United States' approaches, the article provides a basis for understanding how China is developing an entirely new regulatory framework—exemplified by the Administrative Measures on the Security of Application of Facial Recognition Technology ("2025 Measures")—that provides an appropriate dynamic balance between the collection of personal information for security and the protection of individuals' rights through physical separation and procedural measures.