Professor David Kaye:

The question is a good one to surface. I share Dr. Lynch's response and would add that facial recognition technology raises a particular question about remedy in the sense that those who suffer harm do not necessarily know that they have suffered harm in this context. Although in a normal law enforcement situation, someone might have the opportunity to bring a claim against what he or she considers to be an illicit or unlawful use, in this context, it is unclear that those kind of situations would always arise in the array in the situations that we can imagine. That is why an advance legal framework is so vital with regard to this type of technology.