Allahabad High Court: Constitutional Void in India's Facial Recognition Policy

• Facial recognition systems are widely used in public spaces across India without a comprehensive statutory framework governing their use.
• The technology is supplied by Herta Security, a Spanish company whose software runs on thousands of cameras nationwide.
• India's approach to surveillance and biometric identification contrasts with the EU's ban on similar technology for law enforcement purposes under the Artificial Intelligence Act.

The problem here is that the very place that produces this software has curtailed real-time biometric identification of people in public spaces for law enforcement in February 2025, labelling it as an 'unacceptable risk' under the EU's Artificial Intelligence Act.

Facial recognition systems have become ubiquitous in public spaces across India, with millions of people scanned daily by cameras linked to a watchlist. The technology is supplied by Herta Security, a Spanish company whose software runs on thousands of cameras nationwide. This includes setups that would be prohibited within the European Union due to concerns over real-time biometric identification for law enforcement purposes. In contrast, India promotes such surveillance as 'smart policing' and 'passenger safety'.

The use of facial recognition technology in India raises constitutional questions, particularly given the absence of a comprehensive statutory framework governing its deployment. This lack of regulation is striking when compared to the EU's Artificial Intelligence Act, which has led to a ban on similar technology for law enforcement purposes. European legal scholars have noted that many Indian setups would be deemed illegal under this act due to their reliance on real-time biometric identification. The juxtaposition between India's permissive approach and the EU's restrictive stance highlights the constitutional void in India's facial recognition policy.

The widespread adoption of facial recognition technology in India, coupled with the lack of a statutory framework governing its use, creates an environment ripe for legal challenges. The fact that the EU has deemed similar technology unacceptable for law enforcement purposes underscores the need for a reevaluation of India's approach to surveillance and biometric identification. Lawyers should be aware of the potential for court challenges to India's facial recognition policy, given the EU's ban on similar technology and the absence of a comprehensive regulatory framework in India.

Lawyers should be aware of the potential for India's facial recognition policy to be challenged in court, given the EU's ban on similar technology and the lack of a comprehensive statutory framework governing its use in India.

Source: Original reporting via Surveillance without statute: The constitutional void in India’s facial recognition policy