The European Court of Human Rights found that the processing of biometric data of protesters is intrusive and disproportionate to the purpose
In Chamber judgment from July 4th, 2023, in the case of Glukhin v. Russia (application no. 11519/20) the European Court of Human Rights (ECHR) held, unanimously, that there had been a violation of Article 8 (right to respect for private life) of the European Convention on Human Rights, and a violation of Article 10 (freedom of expression) of the European Convention.
In 2019, Mr. Glukhin was arrested after holding a peaceful solo protest in Moscow underground, to draw public attention to the case of a previously arrested protester. The ECHR found that police identified Mr. Glukhin by facial-recognition technologies, using footage from live CCTV cameras installed in multiple locations in Moscow.
The Court stated that such processing of Mr Glukhin’s personal data in the context of his peaceful demonstration, which had not caused any danger to public order or safety, had been particularly intrusive. The use of facial-recognition technology in his case had been incompatible with the ideals and values of a democratic society governed by the rule of law.
The Court held that Russia was to pay the applicant 9,800 euros (EUR) in respect of non-pecuniary damage, and EUR 6,400 in respect of costs and expenses.