DOI:- https://doi.org/10.64880/shikshasamvad.v3i4.31

Author : Asha Maria

Abstract:

                Facial recognition technology (FRT) has entered into various sectors of government, law enforcement, banking and public infrastructure in India but lacks a specialized regulatory framework for operation. This article discusses the constitutional and statutory aspects of the conflict between FRT and the privacy right, which has been considered as the fundamental right in the case of Justice K.S. Puttaswamy. This article covers doctrinal legal analysis and comparative study of European Union, the United Kingdom and the United States. This article advances the suggestion that Article 21 of the Constitution, the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, are inadequate to address the specific privacy threats posed by biometric surveillance. The paper notes the key deficiencies, including the absence of an independent supervision system, the absence of a requirement for judicial authorization prior to deployment of law enforcement and weak measures concerning algorithmic bias and the chilling effect on constitutionally guaranteed freedoms. It ends with a series of actual legislative and institutional proposals adjusted to India’s democratic and developmental circumstances.

Keywords: Facial Recognition Technology, Right to Privacy, Biometric Surveillance, Digital Personal Data Protection Act 2023, Puttaswamy judgment, Algorithmic Bias, Fundamental Rights

Cite this Article: 

Asha Maria, “Facial Recognition Technology and the Right to Privacy in India” Shiksha Samvad International Open Access Peer-Reviewed & Refereed Journal of Multidisciplinary Research, ISSN: 2584-0983 (Online), Volume 03, Issue 04, Pp.294-302, June-2026. Journal URL: https://shikshasamvad.com/