The Council of Europe has called for the banning of facial recognition technology to hire and fire people based on their moods, personality or level of engagement in the workplace.

The non-binding plans, drafted by the committee of representatives from the 27 council member states, are the most extensive proposals in Europe for legislation on the technology.

According to recommendations, private companies will need to gain the specific, free and informed consent of individuals to use their facial recognition data, as the council argues this is potentially discriminatory if used to appoint staff or give access to insurance, education or policing.

The deployment of the technology to identify race, sex, religion, age, health or social status would be outlawed unless legal safeguards are in place to prevent discrimination.

Some members of EU parliament, including Emmanuel Maurel of the French Socialist Party and left-wing French MEP Manon Aubry, called for a total ban on usage by law enforcement agents and for significant limitations in public spaces.

EU officials discussed a ban on facial recognition in public spaces five years ago, but after strong opposition left it to member states to legislate individual bans.

The European Commission is also drafting new rules to regulate artificial intelligence, expected during the first quarter of this year. The legislation will be aimed at avoiding bias and tackling the opacity of how algorithms work.

Marija Pejčinović Burić, the council’s secretary-general, said: “Forty years ago, the Council of Europe introduced the first binding international legal standards for data protection.”

She added: “Today we are tasked with ensuring that facial recognition technology also respects the rights to which we are all entitled by law.”

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