Abstract

SANABRIA MOYANO, Jesús E.; ROA AVELLA, Marcela del Pilar  and  LEE PEREZ, Oscar Iván. Facial recognition technology and its risks to human rights. Rev. Crim. [online]. 2022, vol.64, n.3, pp.61-78.  Epub Mar 20, 2023. ISSN 1794-3108.  https://doi.org/10.47741/17943108.366.

The development of technologies powered by artificial intelligence (AI) represents an adaptive challenge for traditional and rigid sciences such as law. Due to the characteristics of the various methods or procedures used in an automated way, there is an antagonistic relationship between the implementation of facial recognition tools and the rights considered constitutional and fundamental guarantees in the human rights system. The objective is to describe the functioning of the vision systems involved in AI, mainly present in facial recognition tools, examining how they relate to criminal law and recognizing the risks to human rights in this process. For this purpose, a qualitative inductive methodology was used, analyzing primary and secondary sources, case studies and legislation from various jurisdictions related to facial recognition and its application in the investigation and inquiry stages of the criminal process. As a result, it was obtained that in such stages there is a risk to the guarantees of due process and non-discrimination.

Keywords : Social control; human rights; Artificial intelligence; Constitutional guarantees; facial recognition tools; risks.

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