This document presents data from the FRA Fundamental Rights Survey. It includes data on opinions and experiences of people in the European Union (EU) linked to data protection and technology.

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.

This guide explains what profiling is, the legal frameworks that regulate it, and why conducting profiling lawfully is both necessary to comply with fundamental rights and crucial for effective policing and border management. The guide also provides practical guidance on how to avoid unlawful profiling in police and border management operations.

We live in a world of big data, where technological developments in the area of machine learning and artificial intelligence have changed the way we live. Decisions and processes concerning everyday life are increasingly automated, based on data. This affects fundamental rights in various ways. This focus paper specifically deals with discrimination, a fundamental rights area particularly affected by technological developments.