AI-DRIVEN FACIAL RECOGNITION: HUMAN RIGHTS CONCERNS AND REGULATORY CHALLENGES

Abstract

Facial Recognition Technology (FRT), powered by Artificial Intelligence (AI), has become a significant tool in law enforcement, public security, and digital identity verification. While it enhances efficiency and security, its widespread use raises serious concerns regarding privacy, mass surveillance, and algorithmic bias. In India, the absence of a comprehensive legal framework regulating FRT creates challenges in ensuring compliance with constitutional protections, particularly the right to privacy. This study examines the ethical and legal implications of FRT, focusing on issues of consent, data protection, and the risk of discrimination against marginalised communities. It also explores global regulatory approaches, including the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act) in the European Union, which categorise FRT as a high-risk technology requiring strict oversight. The research highlights the urgent need for India to establish a balanced regulatory framework that promotes innovation while safeguarding fundamental rights. Policy recommendations include legislative reforms, independent oversight mechanisms, algorithmic transparency, and ethical AI practices to mitigate risks. As AI-driven surveillance expands, ensuring accountability and fairness in deploying FRT is crucial for protecting democratic freedoms and individual liberties.