Human Rights, AI Ethics and the Rule of Law must be central to regulating FRTs

The JCF’s stated intention to roll out facial recognition technologies (FRTs) reflects a desire to modernize policing efforts. While laudable, such an initiative should be embraced with circumspection given its implications for the Jamaican populace.

Credible research has uncovered that FRTs misidentify people of colour, women and even children at comparatively higher rates than white males. In the USA, there have been at least 8 reported cases of wrongful arrests—involving African Americans—due to misidentifications by FRTs. In a number of those cases, the aggrieved persons had been mistaken for suspected criminals and were detained for over 24 hours following their arrests.

Recognizing inherent risks in the unregulated deployment of these high-risk AI systems in policing contexts, several states across the USA have instituted moratoriums pending legal regulation. The England and Wales Court of Appeal also found that the unregulated deployment of FRTs in policing contexts breached “data protection laws, privacy laws, and equality laws” (Edward Bridges v The Chief Constable of South Wales Police and others [2020] EWCA Civ 10).

In Jamaica, where the population is predominantly Black and female, the unregulated deployment of FRTs in policing contexts poses especially serious risks to the enjoyment of human rights. Accordingly, it is imperative that dedicated human rights-centred ethical frameworks be established to regulate FRTs in advance of their roll out by the JCF. Given its status as the first legally binding instrument aimed at ensuring that AI systems are “fully consistent with human rights, democracy and the rule of law, while being conducive to technological progress and innovation”, the Council of Europe Framework Convention on Artificial Intelligence 2024 offers timely guidance.

As well, understanding the conceptual convergence between AI ethics and the rule of law—particularly around principles of accountability, fairness, transparency, equality and non-discrimination—can guide the development of human rights-centred frameworks for regulating FRTs. This is especially important in policing contexts where human rights are more vulnerable to violation. 

If the JCF is to harness technological innovation ethically, fairly and responsibly, the deployment of FRTs as a policing tool must respect the human rights of the Jamaican populace and uphold the rule of law. Only by centring democratic pillars at the heart of regulating FRTs can we ensure that AI-driven innovation in policing contexts secures—rather than subverts— justice for all Jamaicans.