Pride parades: EU Commission reprimands Hungary's use of facial recognition

The EU Commission is clearly critical of a new Hungarian law that bans Pride events and allows the police to use biometric facial recognition systems to identify participants in such parades of the LGBTIQ community in order to enforce the ban. The executive body will not hesitate to take measures to uphold EU law and protect fundamental freedoms, Commission spokesperson Thomas Regnier told the online magazine Euractiv.

The highly controversial amendments were passed by the Hungarian parliament in Budapest on Tuesday as part of a child protection law at the request of Prime Minister Viktor Orbán's Fidesz party. Opponents see this as a clear violation of the fundamental right to peaceful assembly, the EU's AI Regulation and applicable data protection regulations. Laura Caroli, who helped negotiate the AI Act for the EU Parliament on behalf of rapporteur Brando Benifei of the Socialists and Democrats, told Euractiv that the use of automated facial recognition for such operations by law enforcement is no longer permitted. Article 5 of the AI Regulation prohibits Member States from misusing facial recognition in real time.

Data protection requirements are generally applicable

Even if Hungary wanted to invoke reasons of national security or present a Pride parade as a terrorist threat, the approach would still violate the AI Act, argues Caroli. MEP Daniel Freund (Greens) also deplored the adopted amendment. The EU should not allow Orbán to get away with "abolishing the right of assembly and enforcing this measure with facial recognition software – which is reminiscent of Russia or China – in an EU member state".

According to Regnier, whether the new law actually violates the AI Act depends on whether automated facial recognition methods are used in real time or only after the fact. If the surveillance takes place live, a violation of the law can be assumed. Irrespective of this, the following applies: "Whether in real time or retrospectively – the data protection provisions remain applicable." Freedom of assembly is also generally a fundamental right that must be defended throughout the EU.

During the negotiations on the AI Regulation, the ban on biometric mass surveillance demanded by the EU Parliament was a sticking point to the end. The compromise that was ultimately agreed opens wide back doors for the use of such technologies by the police. The EU Council also removed the actually agreed list of criminal offenses and the judicial reservation.

(nen)