| 英文摘要 |
This article aims to explore possible personal data protection disputes in relation to the governmental application of the Automated Facial Recognition technology (AFR) in large-scale surveillance. To deal with this, the essay takes the world’s first relevant case Bridges v CCSWP and SSHD decision of the UK as a departing point to analyze the requirements and actual implementation of legal governance strategies in the data protection regime when Taiwan promotes the application of AFR to the government’s anti-crime prevention and other purposes.With this in mind, the issues studied in this article are as follows: First, what inspiration can the Bridges case bring? Secondly, what are the disputes caused by AFR in the concept of the legal framework for personal data protection? How should we respond? This article believes that when thinking about any decision-making by scientific and technological methods, it is necessary to adopt certain methods to reduce the risk of competing rights BEFORE balancing the competing rights. Moreover, when government agencies want to transfer the people’s trust relationship based on democratic procedures, even if the transferred objects are non-humans such as automated systems or AI, they still transform the trust relationship. In this regard, there is a need for stronger consolidation and supervision of the legal system, procedures, as well as an appropriate institutional framework. |
