Government Watchdog Questions FBI On Its 640-Million-Photo Facial Recognition Database

The FBI has access to over 641 million photos—including driver’s licenses, passports and mug shots—that can be used by facial recognition technology. The government watchdog GAO (Government Accountability Office) questioned whether the FBI is adhering to privacy laws and policies it laid out in 2016.

“This technology is evolving extremely rapidly without any real safeguards,” Chairman Elijah Cummings (D-Maryland) said in the opening statement at the House Committee on Oversight and Reform Tuesday. “There are real concerns about the risks this technology poses to our civil rights and liberties and our right to privacy.”

The FBI had three years to address the GAO’s recommendations. Gretta Goodwin, director of homeland security and justice for the GAO, told the committee that the FBI has complied with only one of its six recommendations. The FBI also maintains an Interstate Photo System of 36 million mug shots available to federal, state and local law enforcement officials.

“Until FBI officials can assure themselves that the data they receive from external partners are reasonably accurate and reliable, it is unclear whether such agreements are beneficial to the FBI,” said Goodwin.

Goodwin notes in written testimony that the 640 million photographs the FBI had access to, as of April 2019, didn’t reflect the total number of identities and that images associated with FBI leads are evaluated manually by humans.

“There are all kinds of mistakes when facial recognition technology is implemented. Those mistakes disproportionately impact African Americans,” Committee Ranking Member Jim Jordan (D-Ohio) said. Jordan also cited violations of consent and privacy. In May, 20 states provided the FBI with license and vehicle registration information without requesting consent from their citizens.  “There are due process concerns when it’s used by the FBI and the federal government,” Jordan said.

Kimberly Del Greco, FBI deputy assistant director, testified that the bureau’s use of facial recognition follows strict protocols, and the database is accessed only in formal investigations or assessments. “Facial recognition is a tool that, if used properly, can greatly enhance law enforcement capabilities and protect public safety,” she said.

In addition, Del Greco explained that when the FBI created its Next Generation Identification (NGI) system, which uses facial recognition technology and allows authorized personnel access to a database of mug shots, it did so with best practices in mind.

“Law enforcement has performed photo lineups for decades. While this practice is not new, the efficiency of such searches has significantly improved using automated facial recognition,” she said.

Del Greco noted that in 2018 law enforcement with access to the database had received training in facial recognition technology.

Subcommittees will continue to evaluate the use of facial recognition technology by law enforcement, and committee members will have five days to submit further questions to the FBI, GAO and other witnesses.

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