University of Hertfordshire

The purpose of this study is two-fold. Firstly, to critically assess the extent to which corporate actors can lawfully use artificial intelligence (AI) technology for real-time facial recognition biometric detection. Secondly, to suggest and appraise some procedural safeguards to make the use of these systems by private actors compatible with consumers' right to protection of their personal data under the General Data Protection Regulation (GDPR). This study seeks to fill an existing gap in the literature. It concludes that unless, the three variables suggested in the study are considered, that is, ‘whether’, ‘when’ and ‘how’ corporate actors can legally use AI for real-time facial recognition biometric detection, the use of this technology will violate consumers' data protection rights.