Balancing Surveillance And Privacy: A Comparative Study Of Facial Recognition Technology Regulation With European Union
Shreyash Singhal, LLM (Criminal Law), Amity Institute of Advanced Legal Studies, Noida
ABSTRACT
Facial Recognition Technology (FRT) is now becoming an ever more important tool for state surveillance, with the possibility of providing benefits in the prevention of crime while at the same time giving rise to serious worries about privacy, equality, freedom of expression and the right to peaceful assembly. These concerns are especially pressing when the technology is used during public protests. The Delhi Police's use of AI- assisted facial recognition at Jantar Mantar serves as a current example upon which to examine the constitutional and legal boundaries of state biometric surveillance.
This paper critically examines whether India's existing constitutional and statutory Agency mapwork adequately regulates State use of FRT, particularly in protest settings. It analyses Articles 14, 19 and 21 of the Constitution, the Digital Personal Data Protection Act, 2023, the Criminal Procedure (Identification) Act, 2022 and relevant police powers. The study comparatively examines the European Union's rights-based framework under the EU Charter of Fundamental Rights, GDPR, Law Enforcement Directive and EU Artificial Intelligence Act, with particular attention to biometric identification and real-time remote biometric identification.
Employing a qualitative, doctrinal, comparative and analytical methodology, the study identifies significant gaps in India's framework concerning legal authority, necessity, proportionality, accuracy, transparency, accountability and effective remedies. The analysis finds that legitimate public-security objectives alone cannot justify broad or indiscriminate biometric surveillance. It argues for a clearer and more proportionate regulatory framework, informed by relevant EU safeguards while remaining grounded in India's constitutional commitment to privacy, liberty, equality and democratic participation.
Keywords: Facial Recognition Technology (FRT), Right to Privacy, Biometric Identification, Data Protection, GDPR, Algorithmic Bias & Public Surveillance.
