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Introduction

A Facial Recognition System is a system that makes uses of biometrics to collect information on the user’s face including facial features, contours, textures, colours etc. This system which is based on Artificial Intelligence then coverts the analysis of the user’s face into a numerical code which is then compared against a database of other faceprints. If the data received matches with the data stored in the database, then the face is identified.

Thus, the Facial Recognition technology works by identifying a match for the exact features by correlating this information with the information stored in its database. It returns with the match and the attached information such as name and address.

Inception of the Facial Recognition Technology

It all began in the 1960s in the USA when Woodrow Wilson Bledsoe, a computer scientist developed a system that could classify and organize photos of faces manually by using what is known as the RAND tablet. This system was based on identifying persons faces using horizontal and vertical gridlines. However, Bledsoe’s facial recognition still required a lot of human involvement, since one had to manually extract the co-ordinates of the facial features like the eyes, nose, mouth, etc and then feed this information into the computer system.

The system was then able to get the most closely resembled image from the database. It was the first and foremost step to prove that facial recognition was a practical biometric. Since then, the facial recognition technology has undergone major developments that it has actually proven, to outperform humans in terms of accuracy of recognition. Modern facial recognition now makes virtual identification fast, easy, and reliable.

Facial Recognition Technology in India

Facial Recognition has become an area of significant interest to the Indian Government. The Indian Government plans to use the proposed National Automated Facial Recognition System (NAFRS) which will help the police forces across the country in the identification of persons automatically by matching facial features from digital images, sketches and videos with an already existing database of images. This proposed system aims to access facial images of persons stored in databases such as passports, criminal tracking systems, courts, prisons, lost and found persons, or any other image database available with the police/other entity.

This new project declared by the National Crime Records Bureau (NCRB) has raised concerns with regard to the protection of data especially from the Internet Freedom Foundation (IFF). The IFF- a Delhi based non-profit organization issued a legal notice to the NCRB in this regard. The NCRB defended it by saying that it is not a violation of the person’s right to privacy as it will only serve as a tool to the investigating officer and will only be accessed by the police in a secure environment. The Ministry of Home Affairs also responded by saying that the facial recognition system will not be integrated with the Aadhar database and that the project does not violate the principle of consent as it will only be used to identify recovered children, unidentified persons and dead bodies.

While the bids are currently flowing for this new technology, there have been instances where the facial recognition system has been used by the Indian authorities. In July 2019, passengers had the option of being screened using their face at the Hyderabad airport under the Centre’s Digi Yatra Policy. This facial recognition technology was introduced at the passenger entry points thus eliminating the need for the routine physical check of the passenger’s documents. The Delhi Police had also made use of this technology to identify terrorists and criminal elements during the 2019 Republic Day celebration.

There does not exist any law in India for the protection of personal data. However, the Personal Data Protection Bill (PDP) Bill 2019 attempts to provide mechanisms for the protection of personal data of individuals by setting up Data Protection Authority for the same. The proposed bill also allows the processing of data by fiduciaries with the consent of the individual. The Bill has not yet been passed. Thus, the danger of breach of privacy of a person still lurks.

Dangers of Facial Recognition

The ability of the facial recognition system to identify a person’s identity easily may seem an easy and reliable option, but it suffers from serious drawbacks, the major being lack of adequate safeguards to protect the personal data once it is collected. Consent is also important. People should be asked for their permission before any of their information is collected and stored. Often companies collect more and more data of individuals, but never provide a clear answer as to how this data would be used. Also, the use of facial recognition and biometrics would mean that every particular detail about an individual will be available in multiple databases for the hackers to steal. Also, no technology is hundred per cent accurate and there always exists a possibility of the facial recognition technology to identify someone falsely which would ultimately lead to undesirable consequences.

 Recently, a popular tea store chain- Chaayos was in the news, for using facial recognition technology at some of its outlets. Chaayos would ask customers to create their profile using the FRT system. These profiles were then used to “remember” customers enabling repeat orders and efficient payment. It was also reported that the popular tea chain did not display any information about the use of the data collected from its customers (i.e. the facial image), in what manner would it be used and who would have access to it. Besides, there was also no opt-out option being made available to its customers and there was no obvious way of deleting one’s data from the system.

Conclusion

Thus, the use of biometrics and facial recognition raises reasonable concerns about privacy and rights. Besides, posing a major threat to one’s security and safety, the accuracy of the software is questionable. In a country like India, where personal data protection laws are not yet enacted, there are more chances of the data being mishandled than being put to proper use. In this light, there is a need to offer comprehensive protection to personal data in India.


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