Facial recognition technology in law enforcement: balancing security and the right to privacy

Abstract

Facial Recognition Technology has rapidly emerged as a powerful tool in modern law enforcement, enabling efficient identification, surveillance, and crime prevention. However, its widespread deployment raises significant concerns regarding the protection of the right to privacy and other fundamental human rights. This paper examines the tension between state interests in ensuring public safety and the individual’s right to informational self-determination. It critically analyzes the legal and constitutional framework governing surveillance, with particular reference to the recognition of privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India. The study further explores issues of proportionality, necessity, and accountability in the use of FRT, highlighting risks such as mass surveillance, data misuse, and algorithmic bias. It argues for a robust regulatory framework that ensures transparency, safeguards civil liberties, and harmonizes technological advancement with human rights principles.