Discriminación 4.0: una aproximación a los problemas que suscitan la biometría y los sistemas de reconocimiento facial

Abstract

Biometric facial recognition systems are part of the new technologies that affect our fundamental rights. In this paper, we analyze the right to equality in the face of the discrimination that biometrics and facial recognition systems can produce. To understand what we are talking about when we refer to biometrics, we will first examine the concepts of algorithm and artificial intelligence (AI) as two areas linked to the operation of biometric systems. This first step is relevant to understand how biometrics discriminates through AI and partial algorithms. Then, we review the Argentine regulatory framework on personal data protection and discriminatory acts, in order to determine whether the current legislation is sufficient to address the risks of discrimination 4.0 and safeguard our rights in the digital era.