The Coronavirus pandemic continues to interrupt everyday life in the EU
in unprecedented ways. But the way it affects our societies is shifting. As
governments gradually lift some of the measures put in place to contain the
spread of COVID-19, new fundamental rights concerns arise: how to ensure that
the rights to life and health are upheld as daily life transitions to a ‘new normal’.
This Bulletin looks at declarations of states of emergency, or equivalent, and
how they came under scrutiny. It considers the impact on fundamental rights in
important areas of daily life, and includes a thematic focus on the processing of
users’ data to help contain COVID-19, particularly by contact-tracing apps. It covers the period 21 March – 30 April 2020.

Facial recognition technology (FRT) makes it possible to compare digital facial images to determine whether they are of the same person. Comparing footage obtained from video cameras (CCTV) with images in databases is referred to as ‘live facial recognition technology’. Examples of national law enforcement authorities in the EU using such technology are sparse – but several are testing its potential. This paper therefore looks at the fundamental rights implications of relying on live FRT, focusing on its use for law enforcement and border-management purposes.

Algorithms used in machine learning systems and artificial intelligence (AI) can only be as good as the data used for their development. High quality data are essential for high quality algorithms. Yet, the call for high quality data in discussions around AI often remains without any further specifications and guidance as to what this actually means.

How much progress can we expect in a decade? Various rights-related instruments had been in place for 10 years in 2018, prompting both sobering and encouraging reflection on this question.