Case Studies On Facial Recognition And Ai-Assisted Monitoring
🧠 Key Concepts
Facial Recognition Technology (FRT): Identifies or verifies an individual using facial features from images or video frames.
AI-Assisted Monitoring: Involves algorithms that process data (e.g. CCTV, biometrics, behavior patterns) for predictive policing, crowd control, etc.
🔍 Case Studies on Facial Recognition and AI-Assisted Monitoring
1. Justice K.S. Puttaswamy v. Union of India (2017)
Citation: (2017) 10 SCC 1
Jurisdiction: Supreme Court of India
🧾 Background:
This was the landmark judgment where the Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution.
⚖️ Relevance to Facial Recognition:
The judgment set the constitutional foundation for challenging surveillance technologies like FRT and AI monitoring.
It stressed that any infringement on privacy must meet three tests:
Legality (sanctioned by law)
Necessity (based on a legitimate state aim)
Proportionality (least intrusive method)
✅ Impact:
Any deployment of FRT by the government without statutory backing or safeguards may be unconstitutional.
This ruling has influenced ongoing PILs in India challenging mass surveillance using AI and facial recognition.
2. Madras High Court – R. Rajagopal v. State of Tamil Nadu (2022)
Status: High Court ruling, based on petition challenging surveillance in public spaces.
🧾 Background:
A PIL was filed against use of facial recognition technology during protests, alleging violation of privacy and chilling effect on free speech.
⚖️ Held:
The Court acknowledged that public surveillance using FRT must not lead to profiling or targeting dissent.
Ordered the state to frame policies ensuring transparency, accountability, and proportionality.
Stated that AI surveillance must operate within the right to privacy and freedom of expression.
✅ Impact:
Reinforced judicial scrutiny over AI-powered policing tools.
Prevented unregulated use of FRT for mass surveillance of peaceful protesters.
3. Delhi Police’s Use of Facial Recognition during Anti-CAA Protests (2020)
Judicial Review Status: PILs filed; no final Supreme Court ruling yet.
🧾 Context:
Delhi Police used FRT to identify individuals during the anti-CAA protests and Delhi riots.
⚖️ Legal Arguments in Court:
Petitioners challenged FRT use without parliamentary sanction.
Argued that such monitoring violates the Puttaswamy privacy ruling and lacks transparency.
🚫 No Final Judgment Yet, But Key Observations:
Courts have asked the government to justify deployment of such intrusive technologies.
The case brings to light the absence of a legal framework governing FRT in India.
✅ Importance:
Demonstrates growing judicial awareness of the potential for misuse of AI and facial recognition in targeting minorities and activists.
4. United States v. Carpenter (2018), U.S. Supreme Court
Citation: 138 S. Ct. 2206
🧾 Facts:
The case concerned government collection of historical cell-site data (location tracking) without a warrant.
⚖️ Held:
The Court ruled that digital surveillance constitutes a search under the Fourth Amendment and thus requires a warrant.
Emphasized the need for judicial oversight when collecting sensitive biometric or location data.
✅ Relevance:
Sets an international precedent that AI and surveillance technologies must comply with due process.
Impacts how FRT data can be collected and used — especially when combined with location and behavioral data.
5. Bridges v. South Wales Police (2020), UK Court of Appeal
Citation: [2020] EWCA Civ 1058
🧾 Facts:
Police used live facial recognition (LFR) technology at public events. A civil liberties activist sued the police for violating privacy.
⚖️ Held:
The court held that:
There was no clear legal basis for the use of LFR.
The use of the technology breached privacy rights and lacked proper safeguards.
Called for statutory regulation and transparency in using such intrusive surveillance.
✅ Impact:
First major ruling declaring real-time facial recognition illegal without specific legal authorization.
Reinforces the principle of necessity and proportionality in deploying AI surveillance.
6. Suresh Kumar v. Union of India (Facial Recognition for Missing Children)
Jurisdiction: Delhi High Court
Status: Ongoing monitoring since 2018
🧾 Background:
Facial Recognition System (FRS) was used by Delhi Police to trace missing children.
⚖️ Court Observations:
While the intention was noble, the court:
Urged creation of strict guidelines on use, storage, and sharing of FRT data.
Directed the Ministry of Women and Child Development to ensure FRT is used ethically.
✅ Importance:
Demonstrates how FRT can be used for humanitarian purposes, but still requires privacy safeguards.
Court has encouraged “purpose-limited” use of AI tools, not general surveillance.
7. Supreme Court’s Observation in Pegasus Spyware Case (Manohar Lal Sharma v. Union of India, 2021)
Citation: (2021) 10 SCC 1
🧾 Background:
Allegations surfaced that the Indian government used Pegasus spyware to surveil journalists, activists, and lawyers.
⚖️ Held:
The Supreme Court appointed an independent committee to investigate.
Asserted that surveillance cannot be allowed in a democratic society without oversight.
Stated that no authority is above the Constitution, even in the name of national security.
✅ Relevance:
Though not about facial recognition specifically, it reinforces judicial mistrust of unregulated surveillance tech.
Applies equally to AI-assisted tools like FRT, predictive policing, etc.
📊 Summary Table
| Case Name | Jurisdiction | Key Issue | Outcome |
|---|---|---|---|
| Puttaswamy v. Union of India | Supreme Court of India | Right to privacy | Privacy is a fundamental right; surveillance must be legal and proportionate |
| Rajagopal v. State of TN | Madras HC | FRT at protests | Ordered framing of policy; surveillance must respect rights |
| Anti-CAA Protest FRT Use | Delhi HC/Supreme Court (PILs) | Use of FRT in crowd control | Judicial scrutiny ongoing; legality questioned |
| Carpenter v. US | US Supreme Court | AI surveillance and location data | Warrant needed for digital surveillance |
| Bridges v. South Wales Police | UK Court of Appeal | Real-time facial recognition | Declared unlawful without proper regulation |
| Suresh Kumar v. UOI (Missing Children) | Delhi HC | FRT to find missing children | Allowed with safeguards; emphasized ethical use |
| Pegasus Spyware Case | Supreme Court of India | AI/spyware surveillance | Ordered investigation; upheld constitutional safeguards |
🧾 Key Legal Principles
| Principle | Meaning |
|---|---|
| Legality | Use of FRT must be authorized by law |
| Necessity | Must serve a legitimate, clearly defined purpose |
| Proportionality | Must be the least invasive option available |
| Transparency | Public must be aware of its use and scope |
| Oversight & Accountability | Judicial or independent oversight is necessary |
| Data Protection | Clear rules on retention, storage, and access to biometric data |
✅ Conclusion
Facial recognition and AI-assisted monitoring are powerful tools, but without regulation, they pose serious threats to fundamental rights such as privacy, freedom of expression, and equality. Courts in India and abroad have emphasized:
The need for legislative frameworks to govern use.
The importance of proportionality and safeguards.
The role of judiciary in checking surveillance overreach.
In India, while FRT is being used by various police departments, there is currently no national law specifically regulating it, making judicial scrutiny essential.
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