Biometric Facial Recognition Technology through the Lens of Right to Privacy

This study explores the implications of biometric facial recognition technology (FRT) on the right to privacy, particularly in the context of India and the UK. FRT, a sophisticated biometric technology used for identifying and verifying individuals based on their facial features, has seen a rapid increase in deployment across various sectors including law enforcement, security, and public services. While FRT offers numerous benefits such as enhanced security and streamlined services, it raises significant privacy concerns due to its potential for mass surveillance and data misuse. The research delves into the historical evolution of FRT, from its early manual classification systems in the 1960s to the advanced automated systems in use today. It highlights the extensive adoption of FRT in Western countries for security purposes and contrasts this with the situation in India, where the lack of comprehensive data protection laws exacerbates privacy risks. The study also examines the legal frameworks governing FRT in India and the UK, with a focus on the implications of landmark judicial decisions such as the Puttaswamy case in India and the Bridges case in the UK. In India, the widespread use of FRT without adequate legal safeguards poses serious threats to individual privacy and civil liberties. The Information Technology (Amendment) Act 2008 and the Personal Data Protection Bill 2019 are analyzed to understand their adequacy in addressing these concerns. The research emphasizes the need for robust regulatory frameworks to ensure that the deployment of FRT does not infringe on fundamental rights. In the UK, the use of FRT by law enforcement agencies is scrutinized through the lens of the Bridges case, which underscores the necessity for clear legislative mandates and transparency in the use of such intrusive technologies. The study advocates for balanced policies that protect individual rights while leveraging the benefits of FRT for public safety. Ultimately, this research highlights the complex interplay between technological advancement and privacy rights, urging for comprehensive and adaptable legal frameworks to govern the use of FRT in both India and the UK. It calls for greater public awareness, informed consent, and stringent data protection measures to mitigate the risks associated with this powerful technology.