To Be a Face in the Crowd: Surveillance, Facial Recognition, and a Right to Obscurity

In L. Samuelsson, C. Cocq, S. Gelfgren & J. Enbom (eds.), Everyday Life in the Culture of Surveillance. NORDICOM. pp. 45-66 (2023)
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Abstract

This article examines how facial recognition technology reshapes the philosophical debate over the ethics of video surveillance. When video surveillance is augmented with facial recognition, the data collected is no longer anonymous, and the data can be aggregated to produce detailed psychological profiles. I argue that – as this non-anonymous data of people’s mundane activities is collected – unjust risks of harm are imposed upon individuals. In addition, this technology can be used to catalogue all who publicly participate in political, religious, and socially stigmatised activities, and I argue that this would undermine central interests of liberal democracies. I examine the degree to which the interests of individuals and the societal interests of liberal democracies to maintain people’s obscurity while in public coincide with privacy interests, as popularly understood, and conclude that there is a practical need to articulate a novel right to obscurity to protect the interests of liberal democratic societies.

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Shawn Kaplan
Adelphi University

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