Facial recognition and migration regularization in Ecuador: Legal feasibility from a human rights perspective

Abstract

This study analyzes the legal feasibility of using biometric data, particularly facial recognition, as a support tool in migration regularization processes in Ecuador. To this end, it adopts the form of a legal reflection and argument-based position paper, developed through a qualitative approach, a documentary research design, and an analytical and proposal-oriented scope. The research employs a critical integrative review, a method that brings together sources of different types in order to identify concepts, tensions, regulatory gaps, and divergent perspectives, while also enabling the formulation of an original theoretical or normative interpretation. The study argues that facial recognition and the processing of biometric data may pose significant risks to privacy, informational self-determination, equality, the presumption of innocence, and human dignity. Consequently, their use may lead to stigmatization, discrimination, and judgments based on an individual’s identity or past rather than on their current conduct. At the same time, the study maintains that these technologies are not inherently harmful and that, under an appropriate regulatory framework, they could contribute to identity verification, reduce administrative processing times, and streamline migration regularization procedures. It concludes that Ecuador’s traditional migration management mechanisms require review to strengthen regional cooperation and administrative efficiency. In this regard, the article proposes promoting a Latin American agreement that would enable states to exchange basic and verifiable information, with the aim of facilitating the identification and regularization of persons in situations of human mobility.