Open Access Research Article

ARTIFICIAL INTELLIGENCE-BASED FACIAL RECOGNITION TECHNOLOGY IN INDIA: A CRITICAL ANALYSIS OF THE RIGHT TO PRIVACY AND THE NEED FOR A REGULATORY FRAMEWORK

Author(s):
J.M. ANISHA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8

Abstract

The development of Artificial Intelligence, such as Facial Recognition Technology allows public authorities to collect process and utilise information in new ways. Facial Recognition Technology is used to identify or confirm an individual using facial features by using digital images and videos. In India, there has been an increasing amount of attention paid to the use of facial recognition technology by law enforcement agencies such as police. This can be used to identify suspects, find missing persons and improve public safety. However, there are significant concerns around this technology concerning privacy, personal liberty, data protection and potential misuse. It is recognised as a fundamental right in relation to privacy in India under Article 21 of the Constitution due to the ruling in Justice K.S. Puttaswamy v. Union of India. This judgement means any interference with your privacy by the State must meet the principle of legality, legitimate aim and proportionality. There have been laws introduced in relation to personal data protection and biometric data collection however these do not provide a full and specific framework for the use of facial recognition technology by the police. This paper will look at how the use of facial recognition technology by police can impact on your constitutional right to privacy in India. It will look at the current legal framework, problems with incorrect identification and bias created by the algorithms. It will also look at some examples of how countries worldwide regulate facial recognition technology. This paper will argue that for technology to develop there must be clear guidelines, independent monitoring and accountability to ensure that public safety is not impacted upon by fundamental rights.  

Published Paper

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Author Details

Authors: J.M. ANISHARegistration ID: 1013616 | Published Paper ID: IJLRA13616Approved ISSN: 2582-6433 | Country: Delhi, India

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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