Context;
Recently, NITI Aayog, India’s premier public policy think-tank, has urged for comprehensive policy and legal reforms to regulate the use of Facial Recognition Technology (FRT) in the country. This initiative is seen as a significant development in response to escalating concerns about privacy, transparency, and accountability.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Proposals to Regulate Facial Recognition Technology (FRT) in India
- Overview of Facial Recognition Technology
- Concerns Regarding the Use of Facial Recognition Technology (FRT)
- Way Forward
Proposals to Regulate Facial Recognition Technology (FRT) in India
Current Regulatory Gap
- There is currently no comprehensive legal framework regulating the use of Facial Recognition Technology (FRT) in India.
Importance of Regulation
- FRT poses unique challenges due to its capability to capture and process sensitive biometric data remotely.
- Existing regulations do not sufficiently address these specific concerns.
Objectives of Regulation
- Establish a governance framework to ensure responsible development and deployment of FRT in India.
- Mitigate risks such as privacy violations, algorithmic bias, and misuse of surveillance powers.
- Position India as a leader in global FRT governance, influencing international policies.
- Build public trust and promote widespread adoption of FRT across various sectors.
- Balance innovation in FRT with safeguards to protect individual rights and societal interests.
Key Proposals
- Legal Framework Establishment
- Introduce laws that impose liability and define damages for FRT malfunctions or misuse.
- Creation of Ethical Oversight
- Form an independent committee with diverse expertise to oversee FRT implementation.
- Address issues of transparency, accountability, and algorithmic bias.
- Guidelines for Deployment
- Mandate clear and transparent guidelines on where and how FRT systems can be deployed.
- Inform the public about FRT usage in specific areas and ensure consent where necessary.
- Adherence to Legal Principles
- Ensure FRT systems comply with legal principles outlined by the Supreme Court in the Justice K. S. Puttaswamy (Retd) vs Union of India case.
- Uphold principles of legality, reasonability, and proportionality in security measures versus individual rights.
Overview of Facial Recognition Technology
Definition and Functionality
- FRT uses algorithms to create a digital map of facial features for identification against a database.
Automated Facial Recognition System (AFRS)
- Utilizes databases of photos and videos to match and identify individuals.
Operation
- Captures facial features via cameras and reconstructs them using software for various applications, including security and banking.
Uses of Facial Recognition Technology
- Identity Authentication
- Matches facial maps against databases to authenticate individuals, e.g., for unlocking phones.
- Law Enforcement
- Identifies individuals from CCTV footage by comparing facial features against existing databases.
Concerns Regarding the Use of Facial Recognition Technology (FRT)
Misidentification Risks
- FRT can misidentify individuals, particularly across racial and gender demographics, leading to wrongful disqualification of legitimate candidates.
Privacy and Surveillance Issues
- Widespread FRT deployment for surveillance and data collection can conflict with data privacy objectives, even with existing legal frameworks.
Accuracy Disparities
- Studies indicate disparities in FRT accuracy based on race and gender, potentially excluding deserving candidates and perpetuating societal biases.
Exclusion from Services
- Failures in biometric authentication systems like Aadhaar have resulted in individuals being excluded from essential government services.
Lack of Data Protection
- Absence of comprehensive data protection laws leaves FRT systems vulnerable to misuse, lacking adequate safeguards for biometric data collection, storage, and use.
Ethical Concerns
- Raises ethical questions about the balance between public safety and individual rights, potential misuse, erosion of anonymity, and risks of social control.
Way Forward
Establishing Legal Framework
- Introduce dedicated laws or regulations governing FRT use by public and private entities. Define lawful purposes, emphasize proportionality, and establish accountability.
Independent Ethical Oversight
- Create independent committees to assess ethical implications, prescribe codes of practice, and ensure compliance with ethical standards in FRT deployments.
Transparency and Disclosure
- Mandate public disclosure of FRT deployments by both government and private sectors. Align FRT governance with upcoming data protection laws for robust safeguards.
Guidelines for Fair Use
- Develop clear guidelines promoting fair and non-discriminatory FRT applications, especially in critical contexts.
International Engagement
- Actively engage in global discussions to shape international standards for FRT governance. Use India’s technological leadership to advocate responsible AI development worldwide.
-Source: Indian Express
