NextGov.com is reporting that the FBI will begin rolling out its Next Generation Identification (NGI) facial recognition service as early as this January. Once NGI is fully deployed and once each of its approximately 100 million records also includes photographs, it will become trivially easy to find and track Americans.
As we detailed in an earlier post, NGI expands the FBI’s IAFIS criminal and civil fingerprint database to include multimodal biometric identifiers such as iris scans, palm prints, photos, and voice data. The Bureau is planning to introduce each of these capabilities in phases (pdf, p.4) over the next two and a half years, starting with facial recognition in four states—Michigan, Washington, Florida, and North Carolina—this winter.
Why Should We Be Worried?
Despite the FBI’s claims to the contrary, NGI will result in a massive expansion of government data collection for both criminal and noncriminal purposes. IAFIS is already the largest biometric database in the world—it includes 70 million subjects in the criminal master file and more than 31 million civil fingerprints. Even if there are duplicate entries or some overlap between civil and criminal records, the combined number of records covers close to 1/3 the population of the United States. When NGI allows photographs and other biometric identifiers to be linked to each of those records, all easily searchable through sophisticated search tools, it will have an unprecedented impact on Americans' privacy interests.
Although IAFIS currently includes some photos, they have so far been limited specifically to mug shots linked to individual criminal records. However, according to a 2008 Privacy Impact Assessment for NGI’s Interstate Photo System, NGI will allow unlimited submission of photos and types of photos. Photos won’t be limited to frontal mug shots but may be taken from other angles and may include close-ups of scars, marks and tattoos. NGI will allow all levels of law enforcement, correctional facilities, and criminal justice agencies at the local, state, federal and even international level to submit and access photos, and will allow them to submit photos in bulk. Once the photos are in the database, they can be found easily using facial recognition and text-based searches for distinguishing characteristics.
The new NGI database will also allow law enforcement to submit public and private security camera photos that may or may not be linked to a specific person’s record. This means that anyone could end up in the database—even if they’re not involved in a crime— by just happening to be in the wrong place at the wrong time or by, for example, engaging in political protest activities in areas like Lower Manhattan that are rife with security cameras.
The biggest change in NGI will be the addition of non-criminal photos. If you apply for any type of job that requires fingerprinting or a background check, your potential employer could require you to submit a photo to the FBI. And, as the 2008 PIA notes, “expanding the photo capability within the NGI [Interstate Photo System] will also expand the searchable photos that are currently maintained in the repository.” Although noncriminal information is ostensibly kept separate from criminal, all the data will be in the NGI system, and presumably it would not be difficult to search all the data at once. The FBI does not say whether there is any way to ever have your photo removed from the database.
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