Arusmita Acharya, O P Jindal Global Law School
ABSTRACT
Facial recognition is a biometric application that uses statistical analysis and algorithmic projections to measure and recognize people's faces to make an evaluation or decision. Over the last few years, surveillance and facial recognition systems have become commonplace in today's interconnected world. Facial recognition technology broadens the scope of government and police monitoring. If these agencies use active surveillance with facial recognition systems, the result may be that people appearing in public places no longer have a right to privacy and anonymity. This research examines whether and when a proper understanding of the concept of privacy should support inferences to specifications of unique rights against the law, either restricting or requiring its involvement for the sake of privacy protection. How much authority do we have over our image? What applications of this technology are and are not acceptable? For the last decade, technology has progressed at an alarming rate, with promising benefits, but it remains a convincing cause for concern due to privacy, data protection, and racist issues. Facial Recognition Technology is software capable of identifying and authenticating an individual's identity by detecting the physical characteristics of their face. This research would examine current legal and regulatory processes and tools that may be helpful in resolving civil and human rights issues raised by facial recognition technology. One specific issue with the use of facial recognition technologies is that people can be recognized in both private and public locations. This endangers the rights to privacy, free movement, and free expression. The main flaw in the technology is an algorithmic bias, which displays significant demographic differences and is often prone to errors. This research would further seek protection under the U.S and EU foreign legislations and provisions and address how the facial recognition system infringes the Right to privacy in India. The research concludes by implementing proper protections, incorporating redressal mechanisms, and establishing rapid dispute resolution forums to address any breaches that may occur.
