New Delhi: The Supreme Court on Thursday agreed to examine a petition challenging the use of facial recognition technology and other biometric surveillance tools by police at protest sites.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana tagged the plea with other petitions pending before the court in connection with the recent student protests organised by the Cockroach Janata Party (CJP).
The petition filed by CPI (M) Rajya Sabha MP AA Rahim from Kerala contended that surveillance involved facial mapping as well as vehicle-mounted technology, with data collected from individuals without their permission and subsequently hosted by two private entities.
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Senior advocate Menaka Guruswamy, appearing for Rahim, argued that spectacles were used for facial mapping and a surveillance vehicle for data collection, with the data taken without consent and hosted by private entities in alleged violation of the Digital Personal Data Protection Act, 2023.
The plea arose from the Delhi Police's use of alleged digital surveillance tools to monitor protesters at Jantar Mantar. The bench agreed to consider the matter.
The plea contended that the Delhi Police conducted biometric surveillance of protesters without any statutory backing, arguing that neither its standing orders on protests nor the Criminal Procedure (Identification) Act, 2022, permits such surveillance at civilian gatherings.
It alleged that the Delhi Police deployed CCTV cameras, drones, a mobile command-and-control vehicle and other surveillance tools to capture and process images of protesters, journalists and others at the site.
It further contended that existing law does not authorise such blanket biometric identification at peaceful public assemblies.
The scale and manner of surveillance seen at the protest site offended the right to privacy under Article 21 (right to life and dignity) of the Constitution, added the petition.
The respondents made in the petition are the Central government, the Delhi Police Commissioner, National Crime Records Bureau, and two private firms - Aditya Infotech Ltd. and Dimension NXG Pvt. Ltd.
The petition stems from the recent student protests at Delhi's Jantar Mantar, organised by the CJP, during which protesters, journalists and others present at the site were allegedly subjected to digital and biometric surveillance by the Delhi Police.
The protest has also led to several related petitions before the Supreme Court concerning the police response and legal action against demonstrators.
