Emilia Ball
Law enforcement throughout the United States uses facial recognition technology to make arrests, despite proof that reliance on this mechanism for identifying subjects has led to several wrongful arrests. Due to the United States’ lack of comprehensive federal data privacy laws, most Americans are unaware that their photos and data make up the information that facial recognition databases use to make these arrests. This Article examines the current state of facial recognition technology and data privacy laws in the United States and the European Union. Moreover, it advocates for a federal data privacy law that accommodates current and future facial recognition technologies. The proposed law draws inspiration from successful existing laws and incorporates new kinds of provisions to protect populations that existing laws exclude and neglect.