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AII-1002-49463
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.

Dutch Holiday Parks Ordered to Stop Unlawful Facial Recognition at Pools

The Dutch data protection authority investigated eight holiday parks and found they all illegally used facial recognition to control access to swimming pools and playgrounds, failing to inform guests of alternatives. Seven parks amended their practices after regulatory pressure, while one faced potential fines if non-compliant by December.

23 October 2024 Β· Autoriteit Persoonsgegevens Β· Privacy and surveillance
23 October 2024
AII-1002-494632 sources ↓
Quick facts
Category
Privacy and surveillance
Country
Netherlands
Source
Emerce
Date
23 October 2024
Drafted by
Raidu Incident Detection

What happened

The Dutch Autoriteit Persoonsgegevens (AP) investigated eight holiday parks after receiving approximately ten complaints from concerned citizens in September 2023. All eight parks were found to be in breach of privacy law by using facial recognition to control access to swimming pools and playgrounds instead of wristbands or passes.

The parks did not inform guests that they could access these facilities without undergoing facial recognition scanning. Seven parks have since adjusted their practices under pressure from the AP; one park remains non-compliant and faces potential fines or enforcement orders if it does not improve by December.

Reported impact

AP vice-chair Monique Verdier stated that guests, including children, were surprised to find facial recognition suddenly required where wristbands or passes had previously been used. Guests were presented with a choice: submit biometric data or forgo access to facilities they had paid for.

Index analysis

Under the General Data Protection Regulation (GDPR), facial recognition is generally prohibited except in three specific cases: personal or household use, essential security needs for vital interests like nuclear plant protection, or explicit informed consent. For swimming pool access, only explicit consent is relevant, which requires that individuals be fully informed, free to refuse, and offered alternatives.

Governance controls

The AP found that parks failed to inform guests of alternative access methods, effectively coercing submission of biometric data. Verdier emphasized that once facial scans are made, individuals lose control over the data and risk identification and tracking anywhere in the future.

Classification

Category
Privacy and surveillance
Industry
Travel, leisure and hospitality
Country
Netherlands
Harm status
Actual harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Human or fundamental rights
Harmed
Consumers, Children
Consequences
Regulatory investigation
AI systems
Facial recognition access control
Regulations
GDPR (enforcement)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Emerce
Vakantieparken passen gebruik gezichtsherkenning aan na onderzoek AP - Emerce
23 October 2024
NRC
TΓ³ch naar het zwembad zonder gezichtsscan
23 October 2024