GLUKHIN v. RUSSIA JUDGMENT Article 11 of the Charter as well as freedom of assembly and association under Article 12 of the Charter. 59. Furthermore, it has to be considered as a matter of severity, that if the data is systematically processed without the knowledge of the data subjects, it is likely to generate a general conception of constant surveillance. This may lead to chilling effects in regard of some or all of the fundamental rights concerned ... 73. Processing can only be regarded as "strictly necessary" if the interference to the protection of personal data and its restrictions is limited to what is absolutely necessary. The addition of the term “strictly” means that the legislator intended the processing of special categories of data to only take place under conditions even stricter than the conditions for necessity. This requirement should be interpreted as being indispensable. It restricts the margin of appreciation permitted to the law enforcement authority in the necessity test to an absolute minimum. In accordance with the settled case-law of the CJEU, the condition of “strict necessity” is also closely linked to the requirement of objective criteria in order to define the circumstances and conditions under which processing can be undertaken, thus excluding any processing of a general or systematic nature ... 104. The use of facial recognition technologies is intrinsically linked to processing of significant amounts of personal data, including special categories of data. The face and, more generally, biometric data are permanently and irrevocably linked to a person’s identity. Therefore, the use of facial recognition has direct or indirect impact on a number of fundamental rights and freedoms enshrined in the EU Charter of Fundamental Rights that may go beyond privacy and data protection, such as human dignity, freedom of movement, freedom of assembly, and others. This is particularly relevant in the area of law enforcement and criminal justice. 105. The EDPB understands the need for law enforcement authorities to benefit from the best possible tools to quickly identify the perpetrators of terrorist acts and other serious crimes. However, such tools should be used in strict compliance with the applicable legal framework and only in cases when they satisfy the requirements of necessity and proportionality, as laid down in Article 52(1) of the Charter. Moreover, while modern technologies may be part of the solution, they are by no means a ‘silver bullet’. 106. There are certain use cases of facial recognition technologies, which pose unacceptably high risks to individuals and society (‘red lines’). For these reasons the EDPB and the EDPS have called for their general ban. 107. In particular, remote biometric identification of individuals in publicly accessible spaces poses a high risk of intrusion into individuals’ private lives and does not have a place in a democratic society, as by its nature, it entails mass surveillance. In the same vein, the EDPB considers AI-supported facial recognition systems categorising individuals based on their biometrics into clusters according to ethnicity, gender, as well as political or sexual orientation as not compatible with the Charter. Furthermore, the EDPB is convinced that the use of facial recognition or similar technologies, to infer emotions of a natural person is highly undesirable and should be prohibited, possibly with few duly justified exceptions. In addition, the EDPB considers that processing of personal data in a law enforcement context that would rely on a database populated by collection of personal data on a mass-scale and in an indiscriminate way, e.g. by "scraping" photographs and facial pictures accessible online, in particular those made available via social networks, would, as such, not meet the strict necessity requirement provided for by Union law.” 14