EU Commission Criticizes Hungary's Use of Facial Recognition at Pride Events

The European Commission has expressed strong disapproval of a recently enacted Hungarian law that prohibits Pride events and permits law enforcement to utilize biometric facial recognition technology to identify participants in such demonstrations supporting the LGBTIQ community. According to Commission spokesperson Thomas Regnier, measures will be taken to uphold EU laws and safeguard fundamental freedoms.

This contentious legislation was passed by the Hungarian Parliament as part of a child protection law at the request of Prime Minister Viktor Orbán's Fidesz party. Critics argue that this law blatantly infringes on the right to peaceful assembly, violates the EU's AI regulation, and contravenes existing data protection laws. Laura Caroli, who was involved in negotiating the AI Act for the European Parliament on behalf of the Social Democrats, noted that the deployment of automated facial recognition for such police operations is no longer permissible. Article 5 of the AI regulation prohibits member states from misusing real-time facial recognition technology.

Even if Hungary cites national security as a justification or attempts to categorize a Pride parade as a terrorist threat, this approach would still violate the AI Act, Caroli contended. EU lawmaker Daniel Freund from the Greens echoed these concerns, asserting that the community cannot allow Orbán to undermine the right to assemble and enforce such measures using facial recognition technology, which he likens to practices seen in Russia or China.

Whether the new law contravenes the AI Act hinges on whether facial recognition systems are employed in real-time or retrospectively, Regnier explained. If surveillance occurs in real-time, it constitutes a legal violation. However, even when used after the fact, data protection regulations remain applicable. The right to assemble is a fundamental freedom that must be defended across the EU.

During discussions surrounding the AI regulation, the European Parliament's demand to ban biometric mass surveillance was a pivotal point of contention until the end. The eventual compromise reached appears to permit extensive leeway for police use of such technologies. Additionally, the EU Council removed an agreed-upon list of offenses and the requirement of judicial oversight.