Germany: liberals plan to collect facial images online

A new initiative in Germany on human monitoring

The German government's new security package includes new and unusual plans linked to excessive surveillance of citizens.

Proponents of the idea talk about new dangers and measures to prevent future risks.

Critics of the idea, however, argue that this practice is dangerous and only further empowers the authorities to take excessive action to control and manage their citizens^[1].

The German government's plans include moves to start collecting biometric facial images of people from the internet. It is said that the responsible authorities will be allowed to search for facial images on the Internet and use this data for biometric comparisons. The German government also states in its security package that this new authorisation will be granted to investigating authorities in compliance with the artificial intelligence regulation and data protection.

However, it is noticeable that the two are in conflict: the AI Regulation prohibits using artificial intelligence systems to create or expand biometric facial recognition databases by reading online facial photos.

However, the new biometric global surveillance is now being presented as a tool against "violent Islamism", and the bill already contains the idea of large-scale biometric tracking: it foresees the collection of even more biometric data from the internet, such as capturing patterns of movement, behaviour or speech. Police data will be automatically analyzed by software and even used to test and train artificial intelligence programs.

As a reminder, the debate on public security has been reignited in Germany after a knife-wielding man killed three people and wounded eight others at a festival in a market square in the city of Solingen, east of Dusseldorf. The suspect, a 26-year-old Syrian, was due to be deported from Germany to Bulgaria last year but remained in the country.

The Islamic State terrorist group claimed responsibility for the attack, but its connection to the incident is still under investigation by the German authorities. The fact that the suspect was in Germany despite deportation orders has sparked heated disputes in the country over migration and shelter policies. In addition, the need to ensure public security has again been highlighted.

However, stricter controls through biometric data and other means of excessive surveillance may not always be the right answer. They could mean a future in which anonymity practically disappears.

This is why critics of the idea are vehemently opposed to it: it has been pointed out that the right to move freely and discreetly is an essential prerequisite for a functioning democracy and that a society in which every movement can be recorded and analyzed fosters self-censorship, mistrust, and fear^[2].

Germany has already switched to digital photographs in documents

Earlier, Germany also announced more news on the broader use of biometrics. It was announced that there is a major change in the way documents are issued across the country, with a move towards digital biometric photos, which will come into force in May 2025.

Only digital biometric photographs will be accepted for a new identity, passports, and immigration documents, supposedly simplifying the application process.

Based on a successful pilot project in 2023, this solution enhances document security, reduces inconvenience and ensures effective compliance with biometric requirements for the first appointment.

"Biometric requirements for photographs are important to ensure secure and fast identification. Citizens should avoid inconvenience, especially at border controls. Therefore, capturing biometric data and unambiguously identifying the applicant is a key part of the application for an identity document to the local authorities," says the Ministry of the Interior^[3].

Governments and biometrics - lots of room for error

Biometrics are increasingly becoming part of many personal and corporate security systems. Using unique biological and behavioral identifiers may seem robust, but biometric identity makes many wary of its use.

Biometrics are biological measurements or physical attributes that can be used to identify individuals. For example, fingerprint imaging, facial recognition and retinal scanning are forms of biometric technology. Researchers argue that the shape of the ear, the way a person sits and walks, unique body odors, veins in the hands, and even facial deformities are also unique identifiers. These attributes further define biometrics.

Biometric data can be broadly divided into three groups:

• Biological biometrics;
• Morphological biometrics;
• Behavioral biometrics.

Biological biometrics uses traits at the genetic and molecular level. These can be attributes such as DNA or blood.

Morphological biometrics covers body structure. More physical features, such as eyes, fingerprints or the shape of the face, can be mapped for use with security scanners.

Behavioral biometrics is based on patterns unique to each individual. For example, the way you walk, talk, or even type on a keyboard can indicate your identity.

However, as a recent Access Now report notes, one of the main concerns is how biometric technologies are being used to define what constitutes a "normal" body. This is also related to a person's behavior and views^[4].

According to the experts, it is crucial that researchers and technology companies stop seeing marginalized groups as mere users of their tools and start seeing them as creators of the technology itself, involving them in design and decision-making.

It is also argued that policymakers can support this by creating regulatory frameworks that allow or mandate shared governance in the design, deployment, and even prohibition of certain biometric technologies that are incompatible with human rights. However, for now, the global technology industry operates under the assumption that the fundamental issues surrounding biometrics have been resolved when the visible reality shows that this is not the case.