SC to test legality of Delhi Police use of facial recognition of protesters
Here's the latest protest news from across India:
The Supreme Court on Thursday agreed to examine whether the Delhi Police’s use of facial recognition technology and biometric surveillance to monitor protesters at Jantar Mantar has legal backing, and whether such mass surveillance violates fundamental rights to privacy, dignity, free speech and peaceful assembly.
Adding to this, The plea has also sought directions to private vendors to permanently delete biometric information collected. (File photo) A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana issued notice to the Centre and the Delhi Police commissioner on a public interest litigation filed by CPI(M) Rajya Sabha MP AA Rahim, challenging the alleged use of facial recognition technology, AI-powered surveillance systems and biometric identification tools against protesters.
Meanwhile, Senior advocate Menaka Guruswamy, appearing for Rahim, told the bench that the petition specifically challenged the use of facial recognition technology by the Delhi Police against protesters and alleged that the data collected was being held by private companies. “This is very specific prayer concerning facial recognition being used by the Delhi Police against protesters, and the data is held with private companies,” Guruswamy shared.
Notably, She shared that the surveillance involved both a facial recognition vehicle and smart glasses, with data collected without the permission of those being monitored. “One maps your face and one is a vehicle. So spectacles are used and a vehicle is also used. And that data is all taken without permission. These private entities host the data. In violation, we will argue, of the DPDP Rules, CrPC and a variety of things,” she shared.
As per the latest buzz, The bench then directed that notice be issued and the plea be tagged with other pending petitions concerning the July 20 “Sansad Chalo” protest, which raise allegations of police excesses, including the use of pellet guns and violence against protesters and police personnel.
In further updates, The petition, filed through advocate Subhash Chandran KR, claims that since the commencement of the sit-in at Jantar Mantar on June 20, thousands of protesters, journalists and ordinary citizens have been subjected to “continuous and pervasive biometric surveillance”.
On top of that, Rahim has sought a declaration that indiscriminate deployment of facial recognition and biometric surveillance against peaceful protesters is unconstitutional. He has also sought directions restraining the Delhi Police from deploying such technologies until Parliament enacts a law specifically authorising their use.
Among other reliefs, the petition seeks disclosure of the surveillance technologies, databases, standard operating procedures and vendor agreements used during the Jantar Mantar protest; deletion of protesters’ biometric data from NAFIS, CCTNS and allied databases; and a mechanism enabling individuals to ascertain whether their biometric information was collected and seek its deletion.
Source: Hindustan Times