Who Monitors the Monitors? Analysing the Legal Intricacies of Digital Forensic-based Facial Recognition Technology in Law Enforcement

Abstract

Biometric technologies, particularly facial recognition technology (FRT), have made it possible to recognize and authenticate people differently based on an individual’s unique physical and behavioural characteristics. By examining unique facial features, FRT becomes distinct and offers additional benefits in digital forensics compared to traditional forensic options. Given the increasing use of FRT, this study will examine the legal implications, such as privacy, due process, proportionality and fundamental rights of FRT on law enforcement, employing a comparative analysis of European Union (EU) and Indian law. FRT depends on biometric data processing. The basic facial recognition systems focus on identifying unique facial features and their spatial relationships, thereby building a virtual image of the face. Although FRT is widely adopted throughout Europe, its use struggles with accuracy, privacy concerns and the rules governing sensitive biometric data. This has a direct impact on fundamental rights. Through qualitative legal analysis of cases, research papers and legislation, the study assesses the effects of each FRT step on fundamental rights. From the procedural standpoint, the study identifies the current legal shortcomings. The study reveals that current regulations include provisions for AI-based biometric systems; however, they lack the necessary rules to justify law enforcement’s use of FRT. Without legal checks and balances, such use of FRT is improper. The study suggests measures and guidelines to regulate the use of FRT.