Video Surveillance, Facial Recognition Technology and the Law

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Omnipresent video surveillance and facial recognition technology have staked a new frontier in the American legal system, as local communities, state officials and even the Supreme Court consider questions about surveillance, technology and privacy.

This week, The Cincinnati Enquirer revealed that Ohio law enforcement has been using facial recognition technology to match driver’s license photos and surveillance footage for months, without telling the public.

Ohio Attorney General Mike DeWine spoke with The Takeaway and dismissed his critics, stating, "As your listeners across the country listen to this, the odds are that their state does exactly—exactly—what we’re doing." While DeWine is right—26 other states use facial recognition technology in law enforcement—questions regarding Americans' right to anonymity in public places remain. 

Jeffrey Rosen, president and CEO of the National Constitution Center and professor at George Washington University Law School, describes the current law on surveillance and facial recognition technology, and discusses how the law may change in the years to come.