Facial Recognition Tech Secretely Behind Hundreds of Arrests, Investigation Reveals

Hundreds of Americans have faced arrest after being linked to crimes by facial recognition software, according to a Washington Post investigation. 

However, the use of this technology is often not disclosed to defendants, depriving them of the opportunity to challenge its reliability in court.

This finding is especially concerning for Black people who have been disproportionately subjected to wrongful arrests because of facial recognition tech.

Lack of Transparency in Investigations

The investigation found that police departments in 15 states used facial recognition in over 1,000 criminal cases over the last four years, yet details about the technology’s involvement were frequently omitted from arrest reports.

Police agencies often describe suspects as identified through “investigative means” rather than revealing that facial recognition technology was used.

For instance, cases in Evansville, Indiana, and Pflugerville, Texas, involved suspects being identified using the software, though this information was not disclosed to the accused.

Authorities claim that facial recognition is merely one tool among many used during investigations, and therefore does not warrant specific mention in official records. 

However, this lack of transparency raises concerns about due process and the right to a fair defense, especially as the technology is known to produce errors, particularly with people of color.

Concerns Over Racial Bias and Accuracy

Research has shown that facial recognition algorithms tend to misidentify people of color, women, and older individuals at higher rates due to biases in training data. 

This has already contributed to wrongful arrests, with at least seven cases documented where innocent individuals, six of them Black, were mistakenly identified. 

In one instance, Quran Reid, a Black man from Atlanta, was wrongfully arrested in Louisiana based on a facial recognition match, despite never having been in the state. 

His case was later dismissed after his lawyer highlighted discrepancies in the facial characteristics used to identify him.

Legal and Policy Implications

The non-disclosure of facial recognition use in criminal cases not only undermines defendants’ rights but also poses legal challenges.

Prosecutors are generally required to share any evidence that could help exonerate a defendant, but the use of facial recognition often goes unmentioned. 

Courts across the US remain divided on whether AI-based identifications should be disclosed, and federal regulations governing facial recognition remain absent.

While some jurisdictions, like New Jersey, have begun mandating greater transparency, most states lag behind, leaving defendants unaware of the technology influencing their fate.

This secrecy has prompted calls for legal reforms to ensure that any AI technology contributing to criminal charges is disclosed to defendants.

Feature Image Credit: The New York Times