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The use of Facial Recognition Technology in Law Enforcement: Effects on Privacy and the Prohibition of Discrimination under the European Convention on Human Rights
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Theology, Department of Theology.
2026 (English)Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Facial recognition technology (FRT) has been presented as an effective tool for improving public safety and security. The Swedish government has proposed real-time biometric identification to combat serious crimes by operating at the higher risk levels set out in the European Union ́s Artificial Intelligence Act (AI Act). This legislative proposal (2025/26:150) could pose a significant risk to human rights, including the rights to privacy and non-discrimination, under the European Convention on Human Rights (ECHR). This thesis aims to explore how FRT in law enforcement affects these rights by examining articles 8 and 14 of the ECHR. To enhance understanding of this issue, a legal-dogmatic approach is needed to interpret key aspects of the government proposal, EU law, and the ECHR. In addition, this thesis aims to examine the ethical dilemmas that arise when balancing public security and human rights. By utilizing normative legal analysis as the second method, the societal effects of the normalization of surveillance have been discussed. The theories of Panopticon, Ban-opticon, and Contextual Integrity have been used for this purpose. One of the more significant findings to emerge from this study is the far-reaching impact, biased outcomes, and legal uncertainty that arise from the government proposal. Another interesting finding is that the proposal is most likely to breach human rights and amplify existing societal disparities. To summarize, this study reveals that the implementation of FRT in Swedish law enforcement may violate Articles 8 and 14 of the ECHR. 

Place, publisher, year, edition, pages
2026. , p. 47
Keywords [en]
Artificial Intelligence, The AI Act, European Convention on Human Rights, European Court of Human Rights, Facial Recognition Technology, Government Proposal (2025/26:150), Right to Privacy, Prohibition of Discrimination
National Category
Law Social Sciences
Identifiers
URN: urn:nbn:se:uu:diva-588291OAI: oai:DiVA.org:uu-588291DiVA, id: diva2:2066646
Subject / course
Human Rights
Educational program
Master Programme in Human Rights
Supervisors
Examiners
Available from: 2026-06-05 Created: 2026-06-05 Last updated: 2026-06-05Bibliographically approved

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf