Nancy Faeser plans facial recognition on the Internet

The Federal Ministry of the Interior wants to extend facial recognition to the Internet. According to a draft law, the police should be able to compare public photos biometrically. But the draft not only leaves a lot open. The plan would also represent a significant infringement on fundamental rights. A comment.

Under the leadership of Minister Nancy Faeser, the Federal Ministry of the Interior (BMI) is currently working on a draft law that would extend facial recognition to the Internet, among other things. The draft is a so-called draft bill, which is not yet public, but has been made available to several media outlets such as Spiegel, taz and German Radio was leaked.

In concrete terms, this means that the BMI has not yet coordinated the draft with the other ministries. In terms of content, there is likely to be enough reason for controversy. This is because the police authorities are to be given significantly more powers in facial recognition – at the expense of fundamental rights.

Facial recognition on the Internet: goodbye to privacy

Police and law enforcement agencies have been using facial recognition software for years. The Federal Criminal Police Office (BKA), for example, uses the GES facial recognition system so that the police can compare images of unidentified suspects with the Inpol database. So far, so relatively good.

However, Nancy Faeser's plans go beyond any framework and any proportionality. The BMI's draft provides that police authorities should be able to compare images with data from the Internet that is “publicly accessible”. This could include videos on TikTok, photos on Facebook or selfies on Instagram.

The data comparison should not only be limited to faces. Voice profiles and videos could also be used for biometric comparison – for example, to identify people based on their gait. Faeser apparently wants to officially rule out real-time monitoring.

However, it is unclear when an evaluation takes place in “real time” and when it takes place afterwards. For example, image and video material could easily be analyzed with a time delay. This definition problem also exists in the AI ​​Act, which recently came into force. However, it becomes even more problematic with regard to new powers for automated data analysis that the BMI wants to introduce.

Those who use social media do not give up fundamental rights

Even though the EU's AI regulation leaves a lot of room for interpretation, it excludes biometric facial recognition using AI systems over the Internet. The draft from the Federal Ministry of the Interior is not only irritating in this respect, it seems like an attempt to introduce biometric recognition processes through the back door.

As the taz reported, the BMI's draft also provides for the tracking down of witnesses and victims of crimes – in addition to suspects. After identification, the police authorities should also be able to determine the whereabouts of people.

However, especially in terms of social media, the plan amounts to a stab in the back of fundamental rights. People who voluntarily disclose their data on the Internet should not automatically be deprived of constitutionally guaranteed rights. In the wrong hands, the planned law would also be a dictatorial means of oppression.

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