DUTCH DPA GIVES WARNING TO A SUPERMARKET DUE TO FACIAL RECOGNITION TECHNOLOGY

27.01.2021

The Dutch Data Protection Authority (“DPA”) has issued a warning to a supermarket due to its use of facial recognition technology even though that technology has been disabled since December, 2019.

In the present case, the supermarket established the facial recognition technology at the store’s entrance which scanned the face of everyone who entered the store and compared it to a database of people who had been banned from entering stores. The supermarket claimed that it used facial recognition technology to protect its customers and staff and to prevent shoplifting.

According to the DPA, the use of such technology is banned in nearly all cases because of two reasons. Firstly, the explicit consent of the people who enter the store is not deemed as received and entering the supermarket doesn’t count as giving explicit consent. Secondly, facial recognition technology is necessary for authentication or security purposes, but only in so far as substantial public interest is concerned which is not issue in this case, according to the DPA.

You can read the text of the press release here.

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Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr