Facial recognition through the lens of national legislations - Italy

In recent years, facial recognition technology has spread rapidly in both the private and public sector: from detecting objects and people, to controlling access to public and private buildings; from group demographic analysis, to analysing emotions. In Italy, the use of facial recognition technologies is not widespread, but the examples that our legal system offers are significant for understanding the problems underlying the use of this software. Three cases of interest are highlighted: the use of facial recognition technologies in airports, the use of facial recognition technologies in stadiums, and the use of facial recognition technologies by the Police for investigation purposes. They show us that despite the great interest on the part of central and local public authorities, justified by the many benefits that facial recognition technology can bring, problems related to the high error rate, the risk of profiling without consent, bias and prejudice and the risk of violating people's fundamental rights and freedoms still remain unresolved. The solution adopted by the Italian legislator is in fact inadequate to face the new challenges posed by the use of facial recognition, particularly by public authorities, and on closer inspection it satisfies neither the expectations of those in favour of the use of these technologies in public places or places open to the public, nor those against. The Italian rule, specifically, appears shortsighted, not very courageous and not decisive.