GLUKHIN v. RUSSIA JUDGMENT (h) Never use facial recognition technology to identify those peacefully participating in an assembly; (i) Refrain from recording footage of assembly participants, unless there are concrete indications that participants are engaging in, or will engage in, serious criminal activity, and such recording is provided by law, with the necessary robust safeguards;” II. COUNCIL OF EUROPE 36. Recommendation No. R (87) 15 of the Committee of Ministers regulating the use of personal data in the police sector (adopted on 17 September 1987) states, inter alia: “Principle 2 – Collection of data 2.1. The collection of personal data for police purposes should be limited to such as is necessary for the prevention of a real danger or the suppression of a specific criminal offence. Any exception to this provision should be the subject of specific national legislation. ... 2.4. The collection of data on individuals solely on the basis that they have a particular racial origin, particular religious convictions, sexual behaviour or political opinions or belong to particular movements or organisations which are not proscribed by law should be prohibited. The collection of data concerning these factors may only be carried out if absolutely necessary for the purposes of a particular inquiry.” 37. The Guidelines on Facial Recognition (2021) by the Consultative Committee of the Convention for the protection of Individuals with regard to Automatic Processing of Personal Data (ETS 108) provide as follows (footnotes omitted): “Facial recognition is the automatic processing of digital images containing individuals’ faces for identification or verification of those individuals by using face templates. The sensitivity of information of a biometric nature was recognised explicitly with the inclusion of data uniquely identifying a person under the special categories of data in Article 6 of the modernised Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (hereinafter ‘Convention 108+’). The context of the processing of images is relevant to the determination of the sensitive nature of the data, as not all processing of images involves the processing of sensitive data. Images shall only be covered by the definition of biometric data when they are processed through a specific technical means which permits the unique identification or authentication of an individual. These guidelines cover uses of facial recognition technologies, including live facial recognition technologies. ... Integrating facial recognition technologies into existing surveillance systems poses a serious risk to the rights to privacy and protection of personal data, as well as to other fundamental rights, since use of these technologies does not always require the awareness or co-operation of the individuals whose biometric data are processed in this 9