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Facial recognition in the workplace

  • 09-12-2024 08:39PM
    #1
    Registered Users, Registered Users 2 Posts: 485 ✭✭


    Facial recognition in the workplace - is this a thing? Has anyone experience of working for an employer who has implemented FRT for CCTV monitoring of employees? Is it legal? Can they do it?



Comments

  • Registered Users, Registered Users 2 Posts: 27,603 ✭✭✭✭Peregrinus


    What exactly are they using the FRT for? In a place-of-work context, where the subjects in the video are employees, identifying them generally isn't a problem.



  • Registered Users, Registered Users 2 Posts: 485 ✭✭jace_da_face


    I'd imagine it is about monitoring the coming and goings of employees. I would say some employees might not be too happy about being identified this way or being in a facial recognition database. Identifying subjects in a video has long existed before FRT. This however involves the use of an indiviauals biometric data which is surely is a tricky area in terms of GDPR.



  • Registered Users, Registered Users 2 Posts: 1,852 ✭✭✭dennyk


    It's a very complicated and nuanced area of law, so it's not really possible to say that it is "legal" or "illegal" full stop; it will depend on exactly what data the employer is collecting, how they are processing it, and the purpose for which they are collecting and processing that data. Using FRT in the context of security controls (for example, to unlock workplace devices or allow authorised employees access to secure areas) might be deemed a legitimate use, provided the data collected is only used for that purpose. Combining FRT with CCTV to arbitrarily track the movements of all employees throughout the day would almost certainly not be considered a legitimate, reasonable, and proportionate use of that data, barring some sort of extraordinary circumstances (and even using CCTV alone for that purpose is not generally permissible, even without the use of biometric data).



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  • Registered Users, Registered Users 2 Posts: 756 ✭✭✭_BAA_RAM_EWE


    I know guys that work in (particularly) hotels that are sometimes docked hours/days cuz the Employer says no one seen them between such and such hours and that maybe they had left work when clocked in. Maintenance guys. Useful for the employees there. Id imagine it's for circumstances like this.



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  • Registered Users, Registered Users 2 Posts: 485 ✭✭jace_da_face


    CCTV already covers this and has done for decades. FRT takes it a step in another direction. One which concerns your right to consent about your biometric data. It may be inevitable that one day we volunteer this information to get through airport check-in quicker, who knows? But right now this is a tricky and controversial area, so I would be surprised to know that there are many work places deploying it.



  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,621 Mod ✭✭✭✭Robbo


    You're on a hiding to nothing if you're relying on consent as a legal basis for processing in an employer/employee context.



  • Registered Users, Registered Users 2 Posts: 485 ✭✭jace_da_face


    I am not sure I follow Robbo. Consent is an important part across many employer-employee relations. My contract says nothing about mandatory drug testing, or having GPS tracking of my vehicle. I think if they tried to introduce these things, they would need my consent. Biometric data cannot be processed without explicit consent.



  • Registered Users, Registered Users 2 Posts: 32,071 ✭✭✭✭AndrewJRenko


    Consent is one possible legal basis, but there are other possible legal basis.

    The problem with relying on consent is that it can be withdrawn at any time, which would leave any employer in a difficult situation. Employment can't be conditional on consent to data processing. It's not true to say that 'biometric data cannot be processed without explicit consent'.



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