Trinamool Congress (TMC) Rajya Sabha MP Saket Gokhale has raised questions over the use of facial recognition technology (FRT) by Delhi Police during the recent Jantar Mantar protests in Delhi. Writing on X, he questioned the source of the databases being used by the Delhi Police.

“Delhi Police has admitted in the SC that facial recognition technology was deployed during the Jantar Mantar protests. Now for facial recognition to make a “match”, there needs to be an underlying database of photos+details of citizens. So where did Delhi Police get that database from?” Gokhale wrote.

He continued: “In response to an RTI of mine in 2020, the Election Commission admitted that it had shared the entire voter list WITH PHOTOS with Delhi Police during the Delhi riots investigation. Interestingly, ECI’s own rules PROHIBIT sharing of photo electoral roll with ANY agency. And yet, the ECI broke its own rules in 2020 & handed over the data to Delhi Police.

“Therefore: Did ECI supply voter lists with photos to Delhi Police for their facial recognition database during Jantar Mantar protests? What other agencies (Aadhaar, IT Dept, Transport Dept etc) have shared their database with Delhi Police to be used for facial recognition? If no agency has provided any data, how is Delhi Police managing to conduct facial recognition on EVERYONE (not just those with a criminal record) during protests?”

Gokhale added: “There’s a reason that the Digital Personal Data Protection (DPDP) Act has NOT yet been fully notified despite being passed by Parliament in Aug 2023 (THREE YEARS AGO). It’s 2 simple questions really: Will the Delhi Police disclose what database it is using for facial recognition? Will ECI & other bodies confirm whether they’re still providing photo databases to Delhi Police?”

The controversy comes after the Delhi Police informed the Supreme Court that facial recognition technology was deployed during the student-led protests at Jantar Mantar. According to the police, the technology was used only to identify known criminals and persons with criminal antecedents, and not to monitor ordinary protesters. The force has maintained that the system has been used for several years during large public gatherings as part of law-and-order management.

The issue has gained significance because several petitions challenging the use of facial recognition and biometric surveillance at protest sites are currently before the courts.

Petitioners have argued that the deployment of AI-powered surveillance tools, including facial recognition systems, drones and smart monitoring devices, violates the constitutional rights to privacy, free speech and peaceful assembly.

They have also questioned the absence of a dedicated legal framework governing police use of facial recognition technology.

Delhi Police, however, has consistently defended the technology, stating that the system is linked to criminal databases and is intended only to identify wanted criminals or anti-social elements attempting to infiltrate large gatherings. Police officials have denied allegations of mass surveillance or “snooping” on peaceful protesters.