Facial recognition is a biometric technology that identifies a person by analysing the unique features of their face and comparing them against a reference database, all within fractions of a second. Its use in access control (including security in shopping centres and their car parks) is growing rapidly, but it comes with a demanding regulatory framework: the GDPR, the EU AI Act and the criteria of the Spanish Data Protection Agency (AEPD) set out precise conditions that any operator must know before deploying it.
How does facial recognition work?
The whole process unfolds in three phases that, in today’s systems, run in milliseconds:
- Capture. A high-definition camera, often combined with near-infrared (NIR) sensors to work in low light, obtains the image of the face at the access point.
- Biometric mapping. An artificial intelligence algorithm locates between 60 and 80 reference points: distance between the eyes, depth of the eye sockets, geometry of the nasal bridge, jawline contour… These points are converted into a mathematical vector (the faceprint or biometric template) that is unique to each person and does not change with a new hairstyle, a beard or glasses, because it is anchored in bone and cartilage structures.
- Comparison and decision. The generated template is matched against those stored in the system. If the similarity exceeds the defined threshold, access is granted. The whole process is reversible in one direction only: the template can be obtained from the original image, but the face cannot be reconstructed from the template.
Identification vs. verification: a key distinction
Facial recognition systems operate in two modes with different technical and legal implications:
| Mode |
How does it work? |
Typical use |
| Verification (1:1) |
Compares the captured face with a single template previously registered in that person’s name. |
Private car park access, employee control. |
| Identification (1:N) |
Compares the face against the entire database looking for a match. |
Surveillance in public spaces (use highly restricted by regulation). |
In private access control environments, such as a corporate car park or a shopping centre car park, 1:1 verification mode is the standard. It is more accurate, faster and, above all, easier to justify under data protection regulations.
Anti-spoofing: how impersonation is prevented
A common question is whether a photograph or a screen can fool the system. The answer is no, with today’s professional terminals. Anti-spoofing technology combines the visible-spectrum camera with the infrared sensor to analyse depth, skin surface temperature and three-dimensional volumes. A flat image, printed or on a screen, does not reproduce these physical properties, so the system rejects it immediately.
Applications in shopping centres, car parks and private premises
Contactless access control has a clear operational advantage in high-traffic facilities: it eliminates queues at the entrance, removes cards and remotes that get lost or lent, and provides exact traceability of who enters and when. The most widespread applications in the sector include:
- Corporate car parks. The driver is identified and validated together with the vehicle’s licence plate at the same access point, reducing unauthorised entries even if someone uses an employee’s car.
- Shopping centre car parks. Automated access for season-ticket holders, VIP customers or residents without the need for a physical pass.
- Hotels and residential complexes. Identification of the guest or resident, even with luggage in hand.
- Logistics and industrial sites. Verification of the driver and the vehicle as a double security factor in restricted areas.
- Airports and hospitals. Restricted-access areas where traceability is critical.
What do the regulations say about facial recognition?
Facial recognition operates on biometric data, which places it in the highest protection category under European law. Three rules make up the framework in force in Spain in 2026.
GDPR (EU Regulation 2016/679): the foundation of everything
The General Data Protection Regulation classifies biometric data as a special category in Article 9, alongside health data, ethnic origin or ideology. This means that its processing is prohibited by default, unless one of the exhaustive exceptions in Article 9.2 applies.
In practice, for a car park operator or a shopping centre manager, there are two applicable exceptions:
- Explicit consent of the data subject (Article 9.2.a), freely given, informed, granular and revocable at any time.
- Substantial public interest laid down by national law (Article 9.2.g), rarely applicable in commercial contexts.
Facial biometric data also has a feature that makes it especially sensitive: it is irrevocable. If a password leaks, it can be changed; if a faceprint leaks, the person cannot change their face.
EU AI Act (EU Regulation 2024/1689)
The EU Artificial Intelligence Act, in force since August 2024 with phased application until August 2026, introduces a classification by risk levels with direct consequences for any system that uses biometrics:
- Prohibited (unacceptable risk): real-time remote biometric identification systems in publicly accessible spaces, as a general rule. It applies mainly to law enforcement uses, but it also limits certain large-scale commercial deployments.
- High risk (Annex III): biometric authentication and identification systems in private facilities. This requires the operator to register the system in the EU database, carry out periodic accuracy audits, document incidents and ensure continuous human oversight.
Non-compliance with the AI Act can lead to penalties, independent of those under the GDPR, of up to €20 million or 4% of annual worldwide turnover.
AEPD and LOPDGDD: the Spanish level
The Spanish Data Protection Agency (AEPD), in line with the criteria of the European Data Protection Board (EDPB), applies a strict necessity and proportionality test to any biometric processing.
Organic Law 3/2018 (LOPDGDD) supplements the GDPR in Spain and reinforces the requirements for transparency, proactive information to the user and the provision of channels to exercise rights.
Is it legal to use facial recognition in a private car park?
Yes, but with conditions. The key distinction between what is allowed and what is not is context and purpose:
- A 1:1 verification system in a private facility, such as a company car park or a residential building car park, where the user has registered voluntarily and given explicit consent, can be lawful provided it is justified that there is no equivalent, less intrusive alternative.
- A 1:N identification system deployed in the open car park of a shopping centre to recognise any visitor without prior registration is, in practice, prohibited by the AI Act and does not pass the AEPD’s proportionality test.
To deploy facial recognition in a compliant way in 2026, the operator must meet at least these requirements:
- Data Protection Impact Assessment (DPIA) documented before deployment, as required by Article 35 of the GDPR.
- A robust legal basis: explicit consent or specific legal authorisation.
- Registration of the system in the EU AI database if it is classified as high risk (AI Act, Article 49).
- Clear information to the user: what data is collected, for how long, for what exact purpose and how to exercise the rights of access, rectification and erasure.
- A non-biometric alternative available for anyone who refuses the processing of their data.
- Data minimisation: the system must not retain images of the face, only the mathematical vector (faceprint), and only for the time needed for validation.
Frequently asked questions
Does facial recognition store photos of users?
Not in systems designed to comply with the GDPR. What is stored is a mathematical template, the faceprint, which does not allow the original image to be reconstructed. Captured images are discarded after verification and are not stored in the car park’s infrastructure.
Can the system be confused by twins or people who look alike?
Current deep learning algorithms achieve error rates below 0.1% under controlled conditions. In the case of identical twins, accuracy depends on the model: the most advanced systems, based on 3D analysis and infrared sensors, can tell them apart because they process micro-differences in texture and depth that are not visible to the naked eye.
What is the difference between biometric verification and identification?
Verification (1:1) compares the face with a single template linked to an already registered person, such as confirming that whoever is driving the authorised car is actually the season-ticket holder. Identification (1:N) searches for the individual across the whole database without knowing who they are. European regulation is far more restrictive with 1:N identification, especially in publicly accessible spaces.
Does the AI Act ban facial recognition in car parks?
Not as a general rule. The AI Act’s prohibition focuses on real-time remote biometric identification in publicly accessible spaces by law enforcement authorities. 1:1 verification systems in private facilities are classified as high risk, which imposes additional requirements (registration, auditing, human oversight), but does not ban them.
Is there a facial recognition solution designed specifically for car parks?
Yes. Systems such as Meypar’s EVO FaceDrive Gate facial recognition for car parks combine facial identification of the driver with automatic licence plate reading of the vehicle, offering double validation at the access point without storing images in the car park’s infrastructure.