La regolamentazione delle tecnologie di riconoscimento facciale nell’UE e negli USA: alea IActa est?

The regulation of facial recognition technologies in the EU and the USA: alea IActa est?

Abstract

This paper compares the first regulatory approaches of the European Union and the United States regarding facial recognition technologies. The European Union is adding a new regulation to the regulation coming from the GDPR and the Law Enforcement Directive with the introduction of the AI Act, which, among other things, also deals with “biometric identification”. In the United States, regulation at the federal level continues to be lacking, while regulatory attempts at the state level are increasing. The contribution reflects on the consequences of this regulatory divergence by examining the different uses of facial recognition technologies in the public and private sectors.

Keywords: Facial recognition; Biometric identification; AI Act; AI policy; GDPR