Facial Recognition Technology

Q. Why is this in News?

A. Right to Information (RTI) responses received by the Internet Freedom Foundation, a New-Delhi based digital rights organisation, reveals that the Delhi Police treats matches of above 80% similarity generated by its facial recognition technology (FRT) system as positive results.

Q. What did the 2022 RTI Responses by Delhi Police Reveal?

A. 

• Right to Information Responses:
  • Facial Recognition Threshold:
    • The Delhi Police has revealed that matches above 80% similarity are treated as positive resultswhile matches below 80% similarity are treated as false positive results which require additional “corroborative evidence”.
  • Collection of Data:
    • Delhi Police is matching the photographs/videos against photographs collected under Section 3 and 4 of the Identification of Prisoners Act, 1920, which has now been replaced by the Criminal Procedure (Identification) Act, 2022.
• Concerns:
  • 80% Threshold:
    • It is unclear why 80% has been chosen as the threshold between positive and false positive.
    • The categorisation of below 80% results as false positive instead of negative shows that the Delhi Police may still further investigate below 80% results.
      • People who share familial facial features, such as in extended families or communities, could end up being targeted.
      • This could result in targeting communities who have been historically overpoliced and have faced discrimination at the hands of law enforcement authorities.
  • Criminal Procedure (Identification) Act, 2022:
    • It is feared that the Criminal Procedure (Identification) Act, 2022 will lead to overbroad collection of personal data in violation of internationally recognised best practices for the collection and processing of data.

Q. What is Facial Recognition Technology?

A. 

• About:
  • Facial recognition is an algorithm-based technology which creates a digital map of the face by identifying and mapping an individual’s facial features, which it then matches against the database to which it has access.
  • In the Automated Facial Recognition System (AFRS), the large database (containing photos and videos of peoples’ faces) is used to match and identify the person.
  • Image of an unidentified person, taken from CCTV footage, is compared to the existing database using Artificial Intelligence technology, for pattern-finding and matching.
• Working:
  • The facial recognition system works primarily by capturing the face & its features through the camera and then using various kinds of software to reconstruct those features.
  • The captured face along with its features is stored into a database, which can be integrated with any kind of software that may be used for security purposes, banking services, etc.
• Uses:
  • 1:1 verification:
    • The facial map is obtained for the purpose of matching it against the person’s photograph on a database to authenticate their identity.
      • For example, 1:1 verification is used to unlock phones.
  • 1: n identification:
    • The facial map is obtained from a photograph or video and then matched against the entire database to identify the person in the photograph or video.
      • Law enforcement agencies such as the Delhi Police usually procure FRT for 1: n identification.
• Need:
  • Authentication:
    • It is used for identification and authentication purposes with a success rate of almost 75%.
  • Force Multiplier:
    • In India, where there are just 144 constables per 1 lakh citizens, this can act as a force multiplier.
      • It neither requires too much manpower nor regular upgradation.
    • Hence, this technology coupled with the present manpower in place can act as a game-changer.

Q. Why is the Delhi Police using facial recognition technology?

A. 

• The Delhi Police first obtained FRT for the purpose of tracing and identifying missing children.
  • The procurement was authorised as per the 2018 direction of the Delhi High Court in Sadhan Haldar vs NCT of Delhi.
• In 2020, the Delhi Police stated that “though they obtained FRT as per the Sadhan Haldar directionwhich related specifically to finding missing children, they were using FRT for police investigations”.
  • The widening of the purpose for FRT use clearly demonstrates an instance of ‘function creep’wherein a technology or system gradually widens its scope from its original purpose to encompass and fulfil wider functions.
• Delhi Police has consequently used FRT for investigation purposes and also specifically during the2020 northeast Delhi riots, the 2021 Red Fort violence, and the 2022 Jahangirpuri riots.

Q. Why is the Use of Facial Recognition Technology Harmful?

A. 

• Inaccuracy & Misuse:
  • Issues related to “Misidentification” due to inaccuracy of the technology.
  • Issues related to “Mass Surveillance” due to misuse of the technology.
• Race & Gender:
  • It has also been reported that its accuracy rates fall starkly based on race and gender.
    • This can result in a false positive, where a person is misidentified as someone else, or a false negative where a person is not verified as themselves.
    • Cases of a false positive result can lead to bias against the individual who has been misidentified.
• Exclusion:
  • Cases of false negative results can also lead to exclusion of the individual from accessing essential schemes which may use FRT as a means of providing access.
  • For example, failure of the biometric based authentication under Aadhaar which has led to many people being excluded from receiving essential government services which in turn has led to starvation deaths.
• Violation to Privacy:
  • Government although plans to address the question of privacy through the legal framework likedata privacy regime, but keeping in mind the objectives it aims to achieve with the use of such technology, it comes into conflict with one another.
• Reliability & Authenticity:
  • As the data collected may be used in the court of law during the course of a criminal trial, the reliability and the admissibility of the data along with the standards and procedure followed would be taken into consideration.
• Absence of Data Protection Law:
  • FRT systems in the absence of data protection laws that would mandate necessary safeguards in the collection and storage of user data is also a point of concern.