Facial recognition technology in India

Facial recognition technology (FRT) is a biometric software that analyzes facial features. The basic components of FRTs include image capturing, face detection, and feature extraction. Read here to learn more.

Data shows that India has a total of 170 FRT systems. Of these, 88.2 per cent are in the tender bidding, implementation, procurement, and final stages, and 20 are already active.

Of the 170 FRTs in place, defence organisations such as the police and army, utilise this system with a 20 per cent share, followed by the education sector (with 13 per cent share), energy (12 per cent), and public infrastructure sector (10 per cent), respectively.

Facial recognition technology (FRT)

Facial recognition technology (FRT) is a biometric system that uses algorithms to identify or verify a person’s identity based on their facial features.

It captures an image or video of a face, analyzes its geometry (such as the distance between the eyes, the shape of the cheekbones, and the contour of the lips), and compares it to a database of known faces.

Applications of Facial Recognition Technology

• Security and Law Enforcement:
  • Surveillance: Used in public spaces, airports, and borders to monitor for criminal activity and identify suspects.
  • Access Control: Employed in secure facilities to grant access based on facial recognition.
  • Criminal Identification: Helps law enforcement agencies identify suspects and missing persons from video footage.
• Commercial Use:
  • Retail: Enhances customer experience by recognizing repeat customers and personalizing services.
  • Advertising: Tailors ads based on the demographic analysis of individuals in public spaces.
  • Financial Services: Used in banking for identity verification and fraud prevention.
• Personal Use:
  • Mobile Devices: Smartphones use facial recognition for unlocking devices and authenticating transactions.
  • Smart Homes: Facial recognition enables personalized settings for different household members.
• Healthcare:
  • Patient Identification: Helps in accurately identifying patients and maintaining records.
  • Disease Monitoring: Used to monitor patients’ conditions and ensure that the correct medication is given.

Benefits of Facial Recognition Technology

• Enhanced Security: Provides a robust security mechanism for both public safety and personal devices.
• Convenience: Offers a quick and contactless method of identification and authentication.
• Efficiency: Speeds up processes in various sectors such as banking, retail, and travel.

Concerns and Challenges

• Privacy Issues:
  • Surveillance: The widespread use of public surveillance raises concerns about privacy and civil liberties.
  • Data Security: Risks associated with data breaches and unauthorized access to biometric data.
• Accuracy and Bias:
  • Algorithm Bias: Studies have shown that facial recognition systems can be biased, with higher error rates for people of colour and women.
  • False Positives/Negatives: Incorrect identifications can lead to wrongful accusations or denial of services.
• Regulation and Ethical Considerations:
  • Lack of Regulation: The rapid adoption of FRT has outpaced the development of comprehensive regulatory frameworks.
  • Ethical Concerns: Issues related to consent, data ownership, and the ethical use of facial recognition data.

Current Developments and Future Trends

• Improved Algorithms: Ongoing research aims to enhance the accuracy and fairness of facial recognition systems.
• Integration with AI: Combining facial recognition with artificial intelligence for more sophisticated applications, such as emotion detection and behavioural analysis.
• Regulatory Frameworks: Governments and organizations are working on establishing guidelines and regulations to address privacy, security, and ethical concerns associated with FRT.

Why in the news?

NITI Aayog has proposed imposing liability and the extent of liability arising from any harms or damages caused by the use of the facial recognition technology (FRT) system.

• It also suggested a need for an ethical committee to address issues about transparency, accountability, and biases emanating from the use of such systems in India.

Proposals to Regulate the Use of Facial Recognition Technology (FRT) in India

Currently, India lacks a comprehensive legal framework to regulate the use of Facial Recognition Technology (FRT).

This absence of regulation presents significant challenges, particularly given the technology’s ability to capture and process sensitive biometric data remotely.

Need for Regulating Facial Recognition Technology:

• Multifaceted Challenges: FRT’s capability to capture and process biometric data remotely presents unique challenges that existing regulations may not adequately address.
• Ensuring Responsible Development: A comprehensive governance framework is essential to ensure the responsible development and deployment of FRT. This is crucial to mitigate risks and ethical concerns such as privacy violations, algorithmic bias, and abuse of surveillance powers.
• International Thought Leadership: Proactive regulation can position India as a global thought leader on FRT governance, influencing international discourse and policies.
• Promoting Public Trust: Effective regulation can build public trust in FRT, facilitating its adoption across various sectors.
• Balancing Innovation and Safeguards: The aim is to balance promoting FRT innovation with necessary safeguards to protect individual rights and societal interests.

Key Proposals:

• Standardizing Liability: Establish a legal framework that imposes liability and defines the extent of damages for harms caused by FRT malfunctions or misuse. This would incentivize responsible development and deployment.
• Ethical Oversight: Create an independent ethical committee with diverse expertise to oversee FRT implementation. This committee would address issues of transparency, accountability, and potential bias within algorithms.
• Transparency in Deployment: Mandate clear and transparent guidelines on the deployment of FRT systems. This would include informing the public about the use of FRT in specific areas and obtaining consent where necessary.
• Legal Compliance: Ensure FRT systems comply with the Supreme Court’s established legal principles in its judgment given in Justice K. S. Puttaswamy (Retd) Vs Union of India case. These principles include:
  • Legality: Adherence to existing laws.
  • Reasonability: Proportionality to the objective.
  • Proportionality: Balancing the need for security with individual rights.

India is at a critical juncture regarding the regulation of Facial recognition technology. With increasing deployment in various sectors, including law enforcement and public services, establishing a robust regulatory framework is more urgent than ever.

Global Comparisons in the use of Facial recognition technology

Countries like the United States and members of the European Union have already started implementing regulatory measures for FRT.

• For example, the European Union’s General Data Protection Regulation (GDPR) includes stringent rules on the processing of biometric data, setting a high standard for privacy and data protection.
• Globally, data from Comaritech shows that in 2022, China, Uganda, and Myanmar were the only countries using FRTs at an ‘invasive level.’
• India, Japan, and Russia are among 42 countries where FRTs are used at a ‘widespread level.’ France, the UK, and Spain are in the ‘growing use’ category, with 26 countries in it.

Conclusion

Facial recognition technology holds significant potential for various applications, from security to personalized services. However, it also poses serious challenges related to privacy, bias, and ethical use. Balancing the benefits with robust regulations and ethical standards is crucial for the responsible deployment of this technology.

To ensure the ethical and responsible use of Facial recognition technology, India needs to establish a comprehensive legal framework. This framework should address liability, ethical oversight, transparency, and legal compliance, balancing innovation with the protection of individual rights and societal interests.

Read: Technology in Law Enforcement: How can it be used?

-Article by Swathi Satish