Netherlands: AP informs supermarket industry of rules regarding facial recognition
The Dutch Data Protection Authority ('AP') announced, on 5 June 2020, that it had informed the supermarket industry, through the Central Bureau of Food Trade ('CBL'), about the rules regarding the use of facial recognition cameras. In particular, the AP outlined that it intends to prevent supermarkets from unlawfully using facial recognition and processing biometric data in order to identify someone, which is prohibited under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Specifically, the AP highlighted that it had already contacted one supermarket where facial recognition technology ('FRT') had been used and, as a result, the system was removed. Furthermore, the AP noted that FRT can be used where data subjects have offered explicit consent and the system is used for security or authentication purposes to serve in the public interest. However, the AP continued that the security of a supermarket is not so important that biometric data can be processed.