In a robbery investigation, the victim gave police an Instagram photo of the suspect and the police ran that photo through a facial recognition system and the state’s drivers license database, and a driver’s license photo was identified. The driver was arrested.
Is it okay for police to use (a) the Instagram photo or (b) the driver’s license photo to identify a robbery suspect? Who’s information is it? Is this an invasion of privacy? As long as the suspect can contest the accuracy of the facial recognition software, do his rights count more than the victim’s? Do restrictions on the use of biometrics in some states (Texas, Illinois, and Washington that I know of) change the calculus?