Big brother is watching you. Always and everywhere. This is how one could describe the camera system at Prague airport, which can recognize human faces and compare them in real time with police databases. It was opposed by the Office for Personal Data Protection, which warned of a Chinese scenario. And he’s not alone, with concerns coming from all sides.
A biometric camera system has been in operation at Prague Airport since 2018, which can recognize faces in real time and then link them to police databases. At the same time, the footage is stored for 30 days after it is recorded, so the system can be used retrospectively.
Already at the time of introduction, questions have been raised about invasion of passenger privacy and compliance with the EU’s General Data Protection Regulation, or GDPR. Specifically, there were issues such as the digital rights organisation IuRe. It filed a complaint with the Data Protection Authority, pointing out the inconsistency of the airport CCTV system with the EU Data Protection Enforcement Directive, which states that biometric data can only be processed in strictly necessary cases, where there are appropriate safeguards for the rights and freedoms of the data subject and where this is permitted by Union or Member State law.
IuRe commented on the issue: ‘A general authorisation to monitor public areas or a general authorisation to process personal data is insufficient as a legal basis for similar CCTV systems with advanced features. Czech legislation does not explicitly provide for the police to process biometric information in connection with the operation of camera systems with facial recognition functions.”
There are plans to expand the CCTV system this year. Specifically, additional cameras are to be installed, the switch to a newer version of the software is to be made, and an operator and monitoring station is also to be built. Furthermore, there are plans to expand the network communication infrastructure, create a new computing infrastructure on the Police Cloud and further expand the real-time facial recognition system. It is also planned to extend biometric cameras with face detection to other Czech airports.
Need help with GDPR?
You’ll come across GDPR almost everywhere, and if you run a business, then you have to comply with it yourself. We offer a GDPR audit service for businesses that will ensure your terms and conditions, personal data handling rules and other internal guidelines are in line with the regulation so you don’t get into unnecessary trouble.
The AI Act is designed to ensure that the use of AI is transparent, safe, traceable, non-discriminatory and environmentally friendly. The Act categorises different types of AI based on the level of potential risk. Biometric identification systems operating remotely and in real time fall into the highest category, i.e. unacceptable risk.
AI in this category is to be banned altogether. However, biometric identification systems are to have an exemption for law enforcement purposes. This means that they will be allowed, but only in a limited number of serious cases with real-time monitoring. In the case of retrospective identification, then only after court approval.
Tip: We have discussed the EU Act on Artificial Intelligence and its impact on Czech legislation in more detail in our article.
Since the biometric camera system at Václav Havel Airport uses AI for its function, this act will also apply to it. The introduction of the AI Act into local legislation is expected to take place early next year. However, the Home Office’s plans for its implementation have raised questions and concerns about the protection of personal data and basic human rights. This is because the Charter of Fundamental Rights and Freedoms clearly states that “The inviolability of the person and his or her privacy is guaranteed and everyone has the right to protection from unwarranted interference with private and family life.” The question, then, is to what lengths can be gone to in order to ensure security at the expense of our privacy.
We can take at least some comfort from a recent case that dealt with the use of highway camera footage to determine whether tax evasion was taking place. In that case, the Constitutional Court overturned the decision of the Supreme Administrative Court and suggested that we consider whether providing police records to another authority violated constitutional rights. Indeed, interference with a person’s privacy should only be done in extreme cases when there is no other option.
The Data Protection Authority (DPA) warns that this implementation should not lead to a Chinese scenario. China has a system of massive state surveillance of its citizens. The People’s Republic of China not only monitors its citizens using intelligent cameras, but also tracks their movements on the Internet. At present, the number of these cameras amounts to around 700 million, i.e. one camera per two inhabitants.
This monitoring is then directly linked to the Social Credit System, which scores Chinese citizens on the basis of their economic and social behaviour. This means that people are rated on a number of factors – they get negative points for smoking in forbidden places or spending too much time playing computer games, for example. They may then be refused a loan, lose the use of certain services, and so on.
The biggest problem with the local airport system is that, according to the proposal for implementation, it should be possible, subject to the approval of the High Court, to monitor not only specific persons but also entire groups of persons suspected of predefined offences. This is unacceptable, according to the OSC, because “the court is to assess the specific purpose of the deployment on a specific person, in a specific place and at a specific time.” At the same time, the Government Commissioner for Human Rights, Klára Šimáčková Laurenčíková , agreed with this statement.
It also speaks for itself that the Police of the Czech Republic won the Big Brother award in the category of official stalker for “non-transparent operation of the Digital Personal Image system”.
Indeed, the proposal to implement the EU Act on Artificial Intelligence into local legislation raises many questions about our privacy. And for many people it makes us feel like we are slowly slipping into the role of Will Smith in Enemy of the State. However, it should be borne in mind that this system is, for the time being, limited to Prague airport only and the final legislation has not yet been made official. Only time will tell how the whole issue will develop.
Our GDPR audit for entrepreneurs will reliably prepare you for everything that the Data Protection Regulation brings. We guarantee that you will be able to find the right solution according to the current legislation. We’ll get everything done quickly and so that you don’t have to worry about a thing. You can pay only after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality legal services affordable for the average person. I find their prices very fair when compared to what I’ve usually paid for similar services, which means I (and my family and friends) can get the legal help I need without worrying about some black hole of never-ending fees. In my own experience with DA I’ve found everyone there very responsive, and emails and calls are answered in a timely manner. Their large staff also gives me confidence that any legal needs I have can be handled professionally, as there’s always someone with experience in my particular issue. Their head attorney also writes a regular blog and keeps up with all the latest legal trends, which means they as a business stay up-to-date. As someone who’s spent a fortune over the years on legal assistance, or tried to “go it alone” when I couldn’t afford legal help, I wish Dostupny Advokat had been around a long time ago. I highly encourage anyone who needs legal help to TRY THEM FIRST!
We had terms and conditions drafted for our gym, and now we are very glad that we did so. Clear relationship rules are the basis for lasting friendships, and never more so than in the business world!
I decided to withdraw from my operating lease prematurely and was charged a ridiculously high penalty, apparently because the car had been sold for a significantly lower price than its market value. I found it frustrating, so I turned to Dostupný advokát for help. They got to work on the case very fast and recommended several options on how to proceed. They also helped me prepare all necessary documentation. Thanks to them, I had to pay only a fraction of the original amount and saved tens of thousands of Crowns.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
