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Application of Image Recognition Technology using Deep Learning and Legal Issues

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.659-688
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 22, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Lee Keon Su 1

1백석대학교

Accredited

ABSTRACT

Computer vision technology is currently developing rapidly and is expected to realize increasingly advanced and complex tasks in the future. In particular, the development of deep learning has made it possible to realize more advanced image processing technologies, and great progress is expected in areas such as autonomous driving technology and medical image analysis. In the future, new technologies and methods will be developed, and more advanced image processing technologies are expected to be realized. Summarizes the latest trends in facial recognition technology regulation. Moves to regulate facial recognition technology have accelerated in Europe and the United States in recent years. In particular, the United States, which has major IT companies, is a world leader in facial recognition technology research and development, and research on the impact of facial recognition technology on society has been conducted from a relatively early stage. These research reports have raised concerns that the facial recognition system may become a surveillance society and strengthen structural discrimination, and human rights protection groups have targeted private companies developing facial recognition technology and public institutions that have adopted this technology to use facial recognition. We are actively campaigning to ban it. Looking at the ordinance enactment process enacted in various places from 2019 to 2020, there are several effects of this movement. Additionally, efforts to enact legislation regulating facial recognition technology have been rapidly expanding following the May 2020 death of George Floyd, an African-American man who died after a white police officer squeezed his neck. While interest in regulating facial recognition technology is growing in Europe and the United States, the situation in our country is difficult to formulate government guidelines for some use cases (e.g., guidebook on handling personal data of One ID service using facial recognition technology at airports). It is undeniable that it is limited and that each country is ‘lagging behind’. According to a report by the AI ​​Now Institute, a research institute at New York University, “Recent laws address traditional data privacy and security issues and how these systems are used. Liability issues, such as who is responsible if these systems are compromised, are being addressed and the focus is shifting from data to systems.” In other words, when considering the laws and regulations of facial recognition technology, it is important to have a comprehensive view of the entire system. In keeping with the development of science and technology, the question of who will form rules, how, and through what discussions, is not limited to facial recognition technology. For example, with regard to nanomaterials, it is said that sufficient scientific knowledge is not available regarding their effects on the environment and the human body, but preventive measures are being taken mainly in Europe and the United States. According to traditional constitutional theory, restricting individual rights and freedoms requires a basis of law, and law requires social, economic, political, and scientific facts to support its necessity and rationality. However, if we wait until the risks of cutting-edge technology, which involve scientific uncertainty, are clarified before taking action, the damage and harm could far exceed expectations, and the country, which must protect the lives and rights of its citizens, cannot respond in such a way. In these cases, when the precautionary principle is applied, emphasizing the preventive aspect, the state must ensure that no harm or incident has occurred in a sufficiently tangible way to justify the need for regulation of the technology, or that there is scientific knowledge and social consensus to justify regulation. In a situation where we cannot obtain it, we must legislate and make policy decisions.

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