That's always going to be tempting, and the only real tractable solution is for society to have a larger conversation on the ethics so the law can catch up with it.

Note that some ethical consensus is key---without it, companies can just price "Well, some customers think image recognition is creepy" into the risk model and do it anyway. Compare privacy concerns---people talk big about their concerns over privacy, but in practice, we're still in a world where a survey-taker can get very personal information from a random individual at a mall by offering a free candy bar. Until and unless people arrive at a common consensus that their personal information---including their face---has value or they have a proprietary right to that information, even in public, there's no real tractable solution to this problem.

... because there's no real agreement that there's a problem to solve.