As Budapest Pride approaches, Hungary is at
the centre of a troubling clash between national policy and European values. In
a concerning move, Prime Minister Viktor Orbán’s government has passed a legal
amendment package that bans LGBTQIA+ Pride events and allows real-time facial
recognition technology to identify participants. These actions don’t just
breach the fundamental rights of all Pride participants; they violate EU law,
including the recently adopted Artificial Intelligence Act.
Now, all eyes are on the European Commission,
which faces pressure to prove its commitment to the rule of law.
The Technology of Oppression
Hungary’s use of facial
recognition to surveil Pride events marks a worrying change in how new
technologies can be used to suppress dissent and target marginalised
communities. Real-time biometric surveillance in public spaces is prohibited
under EU law, except under very specific and narrowly defined circumstances,
such as for the targeted search of victims of serious crimes or prevention of
imminent threats. This sets a dangerous precedent by normalising invasive
monitoring of peaceful gatherings and undermining civil liberties. If not
addressed, this could lead to wider misuse of AI throughout Europe, threatening
privacy, freedom of expression, and the right to protest.
The stakes are high.
Amendments introduced by the Hungarian government, effective since April 15,
permit the police to use biometric surveillance to identify participants at
LGBTQIA+ public events, which have already been banned under the excuse of
‘child protection’. The same legislative package imposes severe penalties on
organisers and attendees, including large fines and potential imprisonment.
Notably, these measures have already been used to cancel two LGBTQIA+ events in Hungary.
The potential
consequences extend beyond Hungary. If the Commission fails to act, it risks
allowing other governments to follow a similar playbook—using AI to curb
dissent, marginalise communities, and evade EU protections under the guise of
public safety or morality.
Fundamental Rights at Risk
The actions of the Hungarian state are a
direct attack on the European Union’s core values: respect for human rights,
dignity, equality, and the rule of law. The use of real-time facial recognition
in this context breaks Article 5 of the AI Act, which unequivocally prohibits
such practices in public spaces due to the risk of mass surveillance and the
harmful impact on fundamental rights.
Additionally, Hungary's anti-LGBTQIA+ law,
which justifies the ban on LGBTQIA+ public events and the use of biometric
surveillance, has already faced criticism from the Advocate General of the
Court of Justice of the European Union (CJEU). According to a recent opinion,
the law violates several aspects of EU law, including Article 2 of the Treaty
on European Union, which requires all Member States to uphold human dignity,
freedom, democracy, equality, and human rights.
A Loud Call to Action
In an open letter to the President and relevant Commissioners of the European Commission, Liberties and other civil society organisations, human rights defenders, and advocacy groups across Europe are urging the Commission to take immediate action.
We demand:
- The start of an infringement procedure
against Hungary for using prohibited facial recognition practices under the AI
Act, in particular the violation of Article 5 of the AI Act.
- Adoption of interim measures in the ongoing case against Hungary’s 2021 anti-LGBTQIA+ legislation, which is now the legal basis for this wave of repression.
The Commission should also request relevant
information from Hungarian authorities, whose responses to Freedom of
Information requests have been evasive and incomplete. It must heed calls from
the EU Agency for Fundamental Rights, which has voiced serious concern about
the crackdown.
A Test of European Resolve
This case sets a worrying precedent and shows the urgent need to defend basic rights within the European Union. If not addressed, it could lead to a domino effect, encouraging other Member States to adopt similarly oppressive laws.
The AI Act was celebrated as a groundbreaking framework to ensure that AI development aligns with democratic values. But without strong enforcement, its promises lack substance. The same applies to the EU Charter of Fundamental Rights and all the safeguards the Union claims to have to protect its citizens.
Budapest Pride is just days away. The response
from Brussels will indicate even more about the future of human rights and
democratic accountability across the entire European Union.
The Commission must ignore this.
Further Resources
Image credit: Scott Webb Unsplash
