SC to examine legality of facial recognition at students' protest
New Delhi, Aug. 14 -- The Supreme Court on Thursday agreed to examine whether the Delhi Police's use of facial recognition technology and biometric surveillance to monitor protesters at Jantar Mantar has legal backing, and whether such mass surveillance violates fundamental rights to privacy, dignity, free speech and peaceful assembly.
A bench comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana issued notice to the Centre and the Delhi Police commissioner on a PIL filed by CPI(M) Rajya Sabha MP AA Rahim, challenging the alleged use of facial recognition technology, AI-powered surveillance systems and biometric identification tools against protesters.
Senior advocate Menaka Guruswamy, appearing for Rahim, told the bench that the plea specifically challenges the Delhi Police's use of facial recognition technology against protesters and alleges that the data collected is being held by private companies. "This is very specific prayer concerning facial recognition being used by the Delhi Police against protesters, and the data is held with private companies," Guruswamy said.
She said the surveillance involved both a facial recognition vehicle and smart glasses, with data collected without the permission of those being monitored. The bench then directed that notice be issued and the plea be tagged with other pending petitions concerning the July 20 "Sansad Chalo" protest, which raise allegations of police excesses.
The petition, filed through advocate Subhash Chandran KR, claims that since the commencement of the sit-in at Jantar Mantar, thousands of protesters, journalists and ordinary citizens have been subjected to "continuous and pervasive biometric surveillance". Rahim has sought a declaration that indiscriminate deployment of facial recognition and biometric surveillance against peaceful protesters is unconstitutional. He has also sought directions restraining the Delhi Police from deploying such technologies until Parliament enacts a law specifically authorising their use. The petition seeks disclosure of the surveillance technologies, databases, standard operating procedures and vendor agreements used during the Jantar Mantar protest. It also claims that the Delhi Police's stated use of facial recognition technology is limited to tracing missing persons and identifying deceased persons....
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