A constitutional complaint arguing that the government policy allowing corporations to use facial identification information collected during airport immigration screening for artificial intelligence (AI) training is unconstitutional was filed but dismissed by the Constitutional Court.
On the 26th, the court dismissed, in a unanimous decision by all justices, the constitutional complaint filed by claimants whose biometric and other personal information was collected, titled "confirmation of unconstitutionality of personal information processing using biometric information." A dismissal ends the case without a hearing on the merits when the court finds the filing requirements improper.
Earlier, the Ministry of Justice and the Ministry of Science and ICT provided personal information of domestic and foreign nationals collected during immigration screening to corporations in 2019 for the "AI identification and tracking system development project."
According to an investigation by the Personal Information Protection Commission, from April 2019 to October 2021, personal information amounting to 57.6 million cases for nationals and 120 million cases for foreigners was provided to 24 corporations for AI training and algorithm verification. The information provided included passport numbers, nationality, year of birth, sex, and facial image data.
The claimants argued that biometric information such as facial recognition is sensitive data closely tied to the data subject's personality rights, and that providing such information infringes on human dignity and the right to pursue happiness, the right to informational self-determination, and the privacy and freedom of private life.
The court said, "The AI identification and tracking system construction project ended in Dec. 2021, and the facial data was destroyed," adding, "The complaint has lost its interest in the protection of rights."
Earlier, the Personal Information Protection Commission found that using biometric information held by the Ministry of Justice for the immigration AI development project was a legitimate entrustment contract. However, it imposed fines of 1 million won on the Ministry of Justice for failing to disclose the list of trustees after the contract.