Facial recognition taken to court in India’s surveillance hotspot

Lawsuit challenges facial recognition as unconstitutional in Telangana, the state utilizing essentially the most facial recognition programs.

A bird sits atop a closed-circuit television (CCTV) camera pole at a traffic intersection
Telangana state has greater than 600,000 cameras - most of them within the capital Hyderabad [File: Anindito Mukherjee/Reuters]

It was lockdown within the Indian metropolis of Hyderabad when activist S Q Masood was stopped on the road by police who requested him to take away his face masks after which took his image, giving no motive and ignoring his objections.

Anxious about how the pictures can be used, Masood despatched a authorized discover to town’s police chief. However after receiving no response, he filed go well with final month over Telangana state’s use of facial recognition programs – the primary such case in India.

“Being Muslim and having labored with minority teams which can be steadily focused by the police, I’m involved that my photograph might be matched wrongly and that I might be harassed,” Masood, 38, instructed the Thomson Reuters Basis.

“It's also about my proper to privateness, and my proper to know why my photograph was taken, what will probably be used for, who can entry it, and the way it’s protected. Everybody has a proper to know this data,” he mentioned.

Masood’s petition within the southern state is seen as a take a look at case as facial recognition programs are deployed nationwide, with digital rights activists saying they infringe on privateness and different fundamental rights.

Facial recognition expertise, which is more and more used for every thing from unlocking cell phones to checking in at airports, makes use of synthetic intelligence (AI) to match reside pictures of an individual in opposition to a database of pictures.

The Indian authorities, which is rolling out an automatic facial recognition system nationwide – among the many world’s largest – has mentioned it's wanted to bolster safety in a severely under-policed nation, to stop crime and discover lacking kids.

However there's little proof that the expertise reduces crime, critics say.

It additionally typically fails to determine girls and darker-skinned individuals precisely, and its use is problematic within the absence of an information safety regulation in India, digital rights activists say.

“The expertise is being rolled out at a really quick tempo in India, on the premise that 24/7 surveillance is critical and good for us,” mentioned Anushka Jain from the Web Freedom Basis (IFF) digital rights group in Delhi.

“It’s necessary to problem this notion, and a court docket case equivalent to this may also assist elevate public consciousness – most individuals usually are not even conscious they're being surveilled,” mentioned Jain, affiliate counsel at IFF, which helped put together the petition.

World’s most surveilled place: Amnesty

CCTV cameras have develop into a standard sight the world over, with an estimated one billion put in by the tip of final yr.

Alongside Chinese language cities, Hyderabad and New Delhi even have among the world’s highest concentrations of CCTV cameras, in accordance with the web site Comparitech.

Telangana state has greater than 600,000 cameras – most of them within the capital, Hyderabad – and police can use an utility on their cell phones and tablets to take pictures and match them on the database.

The state is “essentially the most surveilled place on the earth”, in accordance with analysis revealed final yr by Amnesty Worldwide, IFF and rights group Article 19, with programs deployed by the police, the election fee and others.

Hyderabad, which is dwelling to the Indian workplaces of a number of world tech corporations together with Microsoft, Amazon and IBM, “is getting ready to changing into a complete surveillance metropolis”, mentioned Matt Mahmoudi, Amnesty’s AI and Huge Information researcher.

“It's virtually inconceivable to stroll down the road with out risking publicity to facial recognition,” he mentioned.

The rights of Muslims, Dalits, Indigenous Adivasis, transgender folks and different traditionally marginalised teams are at explicit threat from such surveillance, activists say, with the programs already being used to police protests.

Masood’s lawsuit, which is listed for a listening to later this yr, argues that the usage of facial recognition in Telangana is “unconstitutional and unlawful”. It says it's pointless, disproportionate, and lacks safeguards to stop misuse.

“This illegality can't be cured or justified on the premise of its purported advantages in advancing regulation enforcement pursuits – underneath the guise of offering higher policing … (when) these purported advantages are but to be confirmed,” the petition says.

Hyderabad police say the expertise has served as a “deterrent” and helped them catch criminals.

“We don’t infringe upon the privateness of any particular person, as we aren't barging into anyone’s home to take footage,” mentioned C V Anand, Hyderabad’s police commissioner.

“The expertise is getting used solely to maintain surveillance on criminals or suspected criminals,” he instructed reporters earlier this month in response to the petition.

‘Shedding our combat to guard privateness’

In some components of the world, there's rising pushback in opposition to the usage of facial recognition, with corporations, together with Microsoft and Amazon, ending or curbing gross sales of the expertise to the police, and the European Union mulling a five-year ban.

In India, resistance from college students, municipal employees and minority communities is rising as extra providers go browsing and authorities companies and firms require private information and location-tracking apps to undertake on a regular basis duties.

A deliberate information safety regulation provides large exemptions to authorities companies for the needs of nationwide safety.

“It doesn’t speak about surveillance, which gathers information in secret and with out consent, and it exempts authorities use, so it'll fail to supply the form of sturdy protections which can be wanted,” mentioned Jain.

Masood, who's far more conscious now of CCTV cameras and law enforcement officials taking pictures of residents in Hyderabad, needs others to see the hazards of facial recognition.

“The state has spent a lot cash on it, but folks do not know the way it works, how it may be misused, and the way it abuses their privateness,” he mentioned.

“We're dropping our combat to guard our privateness on daily basis.”

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