Use of Facial Recognition Systems by Administrative Police: Ensuring a Balance Between Public Safety and the Right to Privacy

The rapid integration of algorithmic facial recognition technologies (FRT) into the activities of
the administrative police generates a deep institutional imbalance. The formation of a total video
surveillance infrastructure poses a direct threat to citizens' constitutional rights to privacy and freedom
of movement, exacerbated by the lack of clear specific legislation and the risks of machine bias.
A comprehensive conceptual analysis of existing legal models for the use of biometric
technologies by the police to develop scientifically grounded recommendations for achieving a
balance between public safety and the informational autonomy of the individual.
The research applies a comprehensive approach, including systemic, formal-dogmatic, and
comparative-legal (EU, USA, UK, RK) methods. Special emphasis is placed on the analysis of the
ECtHR case law (Glukhin v. Russia) and the relevant empirical statistics of the Ministry of Internal
Affairs of the Republic of Kazakhstan for 2024–2025.
The high forensic effectiveness of FRT is recognized. However, it has been established that in
Kazakhstan, the use of recognition systems is primarily regulated by subordinate acts, which provides
law enforcement agencies with excessive discretion. Indiscriminate biometric scanning of the
population de facto erases the presumption of innocence.
The critical need to reform national legislation by implementing international risk-oriented
standards (EU AI Act) and ECtHR principles (extrema ratio) is substantiated. Specific steps are
proposed: mandatory judicial authorization of algorithmic searches, establishment of an exhaustive list
of crimes for FRT use, and the creation of an independent AI audit institution.