New Delhi, Nov. 3 -- The Supreme Court on Tuesday issued notice on a petition challenging the use of facial recognition technology and surveillance systems at designated protest sites, with Justice Joymalya Bagchi questioning whether being present in a public place automatically reduces a person's reasonable expectation of privacy.
A bench headed by Chief Justice Surya Kant, also comprising Justices Bagchi and V Mohana, was hearing a plea filed by the Software Freedom Law Centre (SFLC), alleging that surveillance of protesters violates their fundamental right to privacy.
Appearing for the petitioner, advocate Prashant Bhushan sought disclosure of the surveillance mechanisms and the legal provisions authorising their use.
Solicitor General Tushar Mehta defended the CCTV installations, saying they were intended to prevent untoward incidents. He questioned the plea, asking, "Right to privacy in a public place? What kind of PILs are being filed?"
Justice Bagchi termed this reasoning "very simplistic", distinguishing between capturing someone's face and subsequently using the collected data. "When I am standing in a public place, what's my reasonable expectation?" he asked, questioning whether surveillance footage alone could establish a legitimate state interest.
The petition alleges that Delhi Police used AI-assisted systems, including DP-Drishti and Ikshana, to identify protesters at Jantar Mantar on October 10.
Citing an investigation by The Indian Express, SFLC claimed that of 205 people examined among 2,873 identified individuals, 25 were already in jail when allegedly flagged at an earlier protest. It has sought disclosure of surveillance records, legal safeguards and binding guidelines governing personal data collection and use.
Published by HT Digital Content Services with permission from Millennium Post.