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.

This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament’s position concerning the legislative proposal for a Regulation on strengthening the security of identity cards of European Union (EU) citizens and of residence documents issued to EU citizens and their family members exercising their right of free movement. It focuses on the processing of biometric data and complements the opinion published by the European Data Protection Supervisor (EDPS).

In November 2017, the European Commission requested FRA’s support in evaluating the impact on fundamental rights of the European Border Surveillance System (Eurosur) Regulation. Further to this request, FRA reviewed the work of the European Border and Coast Guard Agency (Frontex) and analysed cooperation agreements concluded by EU Member States with third countries which are relevant for the exchange of information for the purposes of Eurosur. This report presents the main findings of such review.

This Opinion aims to
inform the European Parliament’s position on the legislative proposal amending the
Visa Information System, the Visa Code and other related provisions of EU law. The
European Commission presented the proposal on 16 May 2018 and EU legislators are
currently discussing it.

This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament position concerning legislative proposals on interoperability between EU information technology systems (IT systems) presented on 12 December 2017 and currently discussed by the EU legislators.

The European Parliament requested this FRA Opinion on the fundamental rights and personal data protection implications of the proposed Regulation for the creation of a European Travel Information and Authorisation System (ETIAS), including an assessment of the fundamental rights aspects of the access
by law enforcement authorities and Europol.

EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This guidance outlines specific suggestions on how to reduce the risk of refoulement in these situations – a practical tool developed with the input of experts during a meeting held in Vienna in March of 2016.

Upon request of the European Parliament, the FRA presented an expert opinion on the fundamental rights compliance of a proposal for a Directive on the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (COM(2011) 32 final). This was a follow-up request to the opinion of the FRA related to PNR from October 2008.