Jusletter IT

The application of AI-based Facial Recognition (FRT) raises various legal and ethical questions. A comprehensive analysis must take into consideration not only the creation and future use of facial recognition but has to start even earlier: namely with the selection of the underlying data sets. While it may seem practical to utilize open-source image datasets for the creation, training and testing of models, the compliant use of such data sets still represents a major legal hurdle, especially with regard to international aspects. This is mainly due the fact, that harmonization in the area of research and data protection is very limited and still largely left to national legislators, even within the European Union. In this article, the authors analyse key problems of the use of open-source datasets for research in the area of FRT based on AI.