Will The Digital Gaze Set Privacy Ablaze? A Post Puttaswamy Analysis Of The National Automated Facial Recognition System (NAFRS) In Light Of Article 21
- IJLLR Journal
- 6 days ago
- 1 min read
Dhriti Mahajan (LL.M.), University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University
ABSTRACT
The paper critically examines India’s National Automated Facial Recognition System (NAFRS) as a constitutional, ethical, and legal dilemma within the post- Puttaswamy privacy framework. It analyzes how the government’s move toward biometric surveillance challenges Article 21’s guarantees of dignity and autonomy by operating without explicit legislative sanction, judicial oversight, or procedural safeguards. Through doctrinal and comparative analysis, the study evaluates NAFRS against the threefold test of legality, necessity, and proportionality, revealing its failure to meet constitutional standards. Drawing parallels with the EU’s GDPR, the UK’s Surveillance Camera Code, the US’s judicial safeguards, and China’s authoritarian model, the paper underscores India’s institutional gaps and the risk of mass surveillance becoming normalized. It argues that unchecked technological governance undermines democratic citizenship and informational self-determination. Finally, it proposes a rights-based biometric governance framework emphasizing judicial authorization, independent oversight, privacy-by- design, and legislative accountability. The study concludes that protecting the “right to be left alone” is central to maintaining constitutional morality and preventing India from drifting toward a surveillance state.
Keywords: Facial Recognition Technology; Right to Privacy; Constitutional Morality; Surveillance State; Puttaswamy Judgment; Article 21; Digital Governance; Data Protection; Proportionality Test; NAFRS.
