Key Points

• Facial recognition is an artificial intelligence (AI)- based technology that can be used for multiple purposes.
• During the COVID-19 pandemic, some jurisdictions used facial recognition technology (FRT) to track people violating quarantine and isolation orders.
• Although certain uses of FRT for public health purposes may seem justified, the technology raises significant legal issues, including its compliance with privacy and data protection norms, respect for individual human rights, and adherence to legal and ethical guidelines for emerging AI applications.
• Our analysis of the regulatory contexts in the European Union and China indicates that the deployment of FRT for public health surveillance purposes often results in violations and/or restrictions of fundamental rights and liberties.
• While the trade-offs between individual rights protection and community safety continue to be debated, analyses of emerging practices can improve the current uses and governance of FRT in public health surveillance. Each community can decide whether they are willing to accept such concessions for the greater good, but reviews of each practice on a periodical basis will benefit the better use and governance of facial recognition technology in public health surveillance.