Abstract
The key ethical requirements for all AI technologies, including facial recognition technology (FRT), is their transparency and explainability. This chapter first identifies the extent to which transparency and explainability is needed in relation to FRT among different stakeholders. Second, after briefly examining which types of information about AI could be potentially protected as trade secrets, it identifies situations where trade secret protection may inhibit transparent and explainable FRT. It then analyses whether the current trade secret law, in particular the ‘public interest’ exception, is capable of addressing the conflict between the proprietary interests of trade secret owners and artificial intelligence transparency needs of certain stake holders. This chapter focusses on FRT in law enforcement, with a greater emphasis on real-time biometric identification technologies that are considered the highest risk.
| Original language | English |
|---|---|
| Title of host publication | The Cambridge handbook of facial recognition in the modern state |
| Editors | Rita Matulionyte, Monika Zalnieriute |
| Place of Publication | Cambridge, UK |
| Publisher | Cambridge University Press (CUP) |
| Chapter | 4 |
| Pages | 60-73 |
| Number of pages | 14 |
| ISBN (Electronic) | 9781009321211 |
| ISBN (Print) | 9781009321198 |
| DOIs | |
| Publication status | Published - 2024 |
Bibliographical note
Copyright the Publisher 2024. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.Keywords
- facial recognition
- transparency
- explainability
- trade secrets