North Carolina Journal of Law & Technology


Sarah Chun


At a fundamental level, the misuse of facial recognition endangers privacy, human rights, and constitutional rights. However, merely banning facial recognition will not address or solve the issues and risks inherent in the use of facial recognition. Rather than an outright ban, developing specific limitations controlling how or when facial recognition can be used in public or private spaces can better serve public interests. This paper suggests creating a framework that combines government regulation and a commitment to social responsibility by developers. Creating this multi-prong framework can help distribute the burden of regulating facial recognition technology amongst parties such as the government, the companies developing the technology, and the end-users. Finally, assessing the risk levels of different uses of facial recognition technology will further allow proper allocation and distribution of this burden amongst the parties.

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