THIRD SECTION CASE OF GLUKHIN v. RUSSIA (Application no. 11519/20) JUDGMENT Art 10 • Freedom of expression • Unjustified administrative offence conviction of a peaceful solo demonstrator, using a life-size cardboard figure of a political activist with a banner, for failure to submit prior notification • Authorities’ failure to show requisite degree of tolerance • Failure to adduce “relevant or sufficient reasons” Art 8 • Private life • Unjustified processing of applicant’s personal biometric data by using highly intrusive facial recognition technology in administrative offence proceedings in order to identify, locate and arrest him • Use of such technology to identify and arrest peaceful protesters capable of having a chilling effect on rights to freedom of expression and assembly • In implementing facial recognition technology, need for detailed rules governing the scope and application of measures as well as strong safeguards against the risk of abuse and arbitrariness • Even greater need for safeguards when live facial recognition technology used • Interference not corresponding to a “pressing social need” STRASBOURG 4 July 2023 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.