The Hungarian government, led by Prime Minister Viktor Orbán, has proposed amendments to the Child Protection Act that would allow the use of facial recognition systems to monitor participants in Pride events.

This move has sparked controversy, as it appears to violate the provisions outlined in the European Union's Artificial Intelligence Act (AI Act).

Facial recognition technology utilized for real-time identification in public spaces is generally prohibited under the EU AI Act, which was enacted to regulate AI systems across member states.

Exceptions exist for specific circumstances, such as threats to national security or incidents involving terrorism; however, the applicability of these exceptions to monitor Pride events remains contentious.

According to the proposed amendments, the Orbán administration seeks to classify Pride events as contrary to existing provisions under the Child Protection Act.

The legislation would permit law enforcement agencies to deploy facial recognition technology to identify individuals participating in these assemblies.

Dr. Laura Caroli, who played a role in negotiating the EU AI rules, emphasized that such applications of facial recognition for monitoring public gatherings are explicitly banned under the EU AI Act.

Article 5 delineates these restrictions, aimed at preventing member states from misusing live facial recognition technologies.

Furthermore, Dr. Caroli asserted that even if Hungary attempted to justify its actions through national security claims or conceptualizing a Pride parade as a potential terrorist threat, it would still constitute a breach of the AI Act.

The regulations outlined in the AI Act came into effect on 2 February 2023. The implications of the proposed ban on Pride events have raised alarms both within Hungary and the broader European community.

Member of the European Parliament (MEP) Daniel Freund, an outspoken critic of Orbán's administration, condemned the initiative as a direct assault on the right to assembly, likening it to practices observed in authoritarian regimes.

Freund argued that the introduction of facial recognition to enforce this ban represents a significant erosion of democratic principles.

He called for the European Union to take action in response to the perceived drift toward autocracy in Hungary, including reconsidering financial aid to the government.

The Hungarian Helsinki Committee, a non-governmental organization, has voiced strong objections to the proposed amendments, suggesting they infringe upon the rights to personal data protection for Pride participants and potentially for anyone captured by police facial recognition during such events.

Enforcement of the prohibitions outlined in the AI Act would fall under the purview of Hungarian data protection authorities.

However, Dr. Caroli noted that member states could express opposition to measures deemed unacceptable.

She indicated that implementing the EU regulations may take time, warning that potential abuses could occur in the interim.