When the Kids Aren’t Alright: The Use of Facial Recognition Technologies at School

The use of artificial intelligence in the field of education has great poten- tial. However, applications need to be approached with caution, as in the case of those for surveillance purposes and the use of biometrics. In particular, facial recognition technologies (FRTs) are highly controversial and problematic due to the ethical issues they raise, their intrusiveness on fundamental rights and the technical problems of accuracy. This Chapter looks at the specific use of FRTs on minors in schools as a paradigmatic case to address these concerns. The analysis will provide a reasoned overview with selected use cases of the application of this AI-based technology in the school environment for different purposes. Considering the ethical implications for the development of children and adolescents, attention will be focused on the legislation applicable to this particular use of FRTs for the protection of children, namely data protection legislation. The legal regime will be assessed through the lens of the principle of proportionality and the principle of the best interests of the child in order to determine whether or not the data protection legislation fails to balance the protection of the fundamental rights and other interests of minors at stake with the actual benefits of the use of FRTs. The Chapter concludes with a look at the recent AIA and how the two pieces of legislation are expected to interact in this specific domain of application