Beyond the Face Value: A Critical Analysis of the Use of Facial

Recognition Technology as Evidence in Criminal Proceedings

Submitted by Submitted to
Smriti Katel Surendra
Rajaura
 BA L.L.B 3nd Kathmandu School of
Law

Yellow Zone Purbanchal University

Acknowledgments

I am deeply grateful to Dr. Yubaraj Sangroula, Executive Director Professor at Kathmandu

School of Law, for providing me with the opportunity to be a part of this esteemed institution. I
am also grateful for his perpetual effort to impart his knowledge to us, his dedication to the
institution, and his ability to always uplift our spirits in his own jolly ways.

I would like to express my sincere gratitude to Surendra Rajaura sir for his valuable and
constructive suggestions, which helped me write this paper. His input and willingness to give of
his time so generously have been greatly appreciated.

I would be remiss if I did not acknowledge the government of Nepal for providing me with the
necessary facilities, such as internet broadband, that made this paper possible.

I would also like to thank my friends who not only shared the pressure with me but also provided
me with their honest feedback. Finally, I would like to thank all the senior interns who have been
working beyond their requirements to make things smooth for us.

Smriti Katel
*This page is left blank on purpose*
Abstract:
This term paper examines the practical application of facial recognition as a form of evidence in
criminal proceedings. It delves into the inner workings of facial recognition technology,
exploring the algorithms and techniques that contribute to its exceptional accuracy in identifying
individuals. By analyzing the intersection of technology and justice, this study navigates through
the advantages and challenges presented by this innovative approach. Moreover, the paper
addresses the ethical considerations and potential biases associated with facial recognition. The
protection of privacy and responsible usage of this technology in criminal proceedings are
emphasized, emphasizing the need to strike a balance between harnessing its power and
safeguarding fundamental rights. Through a comprehensive examination of the possibilities and
limitations, this paper aims to navigate this complex landscape, respecting ethical
considerations, and upholding privacy and dignity within the criminal justice system.

Key words:

Chapter one:

Introduction
In the vast tapestry of human existence, the countenance of each individual paints a unique story,
an intricate combination of physical traits that defines their identity. As society hurtles forward
into the digital epoch, the canvas of our faces has become increasingly enigmatic, compelling us
to unlock their concealed mysteries. Among the groundbreaking technological advancements,
facial recognition emerges as a revolutionary tool, pushing the boundaries of innovation within
the realm of criminal proceedings.

Facial recognition technology harnesses the power of artificial intelligence and computer vision
to analyze and identify individuals based on their facial features. It holds immense potential in
law enforcement and security applications, offering the ability to rapidly match faces against
databases of known criminals or suspects. This capability has significantly streamlined
investigations, aiding in the identification and apprehension of perpetrators who might otherwise
have eluded justice. The accuracy and speed of facial recognition algorithms have made them a
valuable asset in criminal justice systems worldwide, heralding a new era of forensic science.

However, as the allure of facial recognition technology grows, so do the ethical and legal
concerns surrounding its use. Privacy advocates raise valid questions about the extensive
collection and storage of biometric data, emphasizing the need for robust safeguards to prevent
abuse or unauthorized access. The potential for false positives and misidentifications raises
additional doubts about the reliability of facial recognition systems as sole evidence in criminal
cases. Moreover, the disproportionate impact on marginalized communities, bias in algorithmic
decision-making, and the lack of transparency in how these systems function add layers of
complexity to the debate.

Definition:
Facial recognition is the process of identifying or verifying a person's identity using their face. It
captures, analyzes, and compares patterns based on the person's facial details. This cutting-edge
biometric technique enables a broad spectrum of applications, ranging from safeguarding
security and enabling seamless authentication to facilitating targeted surveillance and crafting
personalized experiences.

The process of facial recognition involves several key steps:

1. Face Detection: At the outset, the system scans images or video frames to detect and
locate human faces. By scrutinizing visual cues like color, texture, and geometric
patterns, the algorithm accurately identifies facial regions. This robust approach can
detect multiple faces simultaneously within a single image or video frame.

2. Face Alignment: Once a face is detected, the system undertakes the task of normalizing
and aligning its position and orientation. This crucial step ensures that subsequent
analysis and comparisons are performed based on standardized facial features, enhancing
accuracy and reliability.

3. Feature Extraction: Next, the facial recognition system extracts distinct facial features or
landmarks from the detected face. These features are highly individualistic and
encompass measurements of vital facial points such as the eyes, nose, mouth, and chin.
Various techniques, including geometric or deep learning-based approaches, can be
employed to effectively represent and encode these features.1

1
Thales. (2023, May 26). Facial recognition. Retrieved from https://www.thalesgroup.com/en/markets/digital-
identity-and-security/government/biometrics/facial-recognition
 4. Feature Comparison: The extracted facial features are then compared against a pre-
existing database or reference set of known faces. This database, often referred to as the
"gallery" or "watch list," contains images or templates of enrolled individuals.
Mathematical algorithms or machine learning models are utilized to calculate similarity
scores or distances between the detected features and the reference database.2

5. Matching and Recognition: The comparison process results in a similarity score or a

measure of dissimilarity. If the score exceeds a predefined threshold, the system deems it
a match and recognizes the person. Determining the threshold involves striking a balance
between minimizing false positives (incorrectly accepting unauthorized individuals) and
false negatives (incorrectly rejecting authorized individuals).

6. Decision and Output: Based on the matching result, the system makes a confident
decision regarding the identity of the person. Upon successful recognition, the system can
provide additional pertinent information associated with the recognized individual, such
as their name, profile, or relevant data. In surveillance applications, the output may
trigger alerts or initiate further actions based on predefined rules or instructions.

History:
 1960s: The visionaries like Woody Bledsoe, Helen Chan Wolf, and Charles Bisson took
their first brushstrokes on the canvas of facial recognition. With unwavering dedication,
they manually marked facial landmarks, forging a path towards the future of identity
verification.

 1970s: As the digital landscape evolved, new artists emerged in the field of facial
recognition. Goldstein, Harmon, and Lesk, armed with their algorithmic brushes, painted
a portrait of innovation. They meticulously included subjective markers like hair color
and lip thickness, transforming the process into an automated masterpiece of recognition.

 1980s/90s: The artistry of facial recognition took a geometric turn in the late 1980s.
Sirovich and Kirby wielded the power of linear algebra, revealing the hidden geometry
within our faces. Their creation, known as Eigen face, unveiled a symphony of facial
features, capturing the essence of identity in a compact code.

 1990s/2000s: In the spirit of exploration and collaboration, DARPA and NIST joined
forces to orchestrate the Face Recognition Technology (FERET) program. Like skillful

2
Center for Strategic and International Studies. (2023, May 26). How does facial recognition work?
Retrieved from https://www.csis.org/analysis/how-does-facial-recognition-work
 curators, they curated a gallery of facial images, inviting artists and innovators to paint
their vision on the canvas of recognition technology.

 Early 2000s: The stage was set for a grand performance. NIST unveiled the Face
Recognition Vendor Tests (FRVT), where artists showcased their facial recognition
masterpieces. Law enforcement agencies eagerly waited the unveiling of the finest works,
seeking the perfect brushstroke that would enhance their investigative prowess.

 2006: The world held its breath as the Face Recognition Grand Challenge (FRGC)
commenced, akin to an art exhibition of technological marvels. Spectators marveled at
the incredible accuracy of the latest algorithms, witnessing a leap forward that
transformed faces into the most intricate and revealing portraits.

 2010-Current: The digital era became a vibrant palette for facial recognition. Social
media platforms like Facebook embraced this artistic tool, igniting conversations about
privacy and consent. Amidst the controversy, millions of faces found their place on the
canvas, a testament to the intertwining of art, technology, and human connection.

 2017: A pivotal moment arrived when Apple unveiled the iPhone X, an embodiment of
facial recognition seamlessly woven into everyday life. With a touch of enchantment,
faces unlocked a world of possibilities, forever changing the way we interacted with our
devices.3

Application Areas:
In the realm of technological marvels, facial recognition emerges as a remarkable innovation,
extending its reach into diverse application areas. The power of this cutting-edge technology lies
in its ability to unlock a world of possibilities, revolutionizing how we interact, secure, and
streamline various aspects of our lives. From bolstering security measures to enhancing
personalized experiences, facial recognition has permeated numerous domains, leaving its
indelible mark on industries across the globe. Some of the prominent application areas where the
transformative capabilities of facial recognition have found their rightful place, paving the way
for a future that seamlessly blends technology and human existence are:

1. Improved Security:

3
NEC New Zealand. (2022, March 8). A brief history of facial recognition. Retrieved from
https://www.nec.co.nz/market-leadership/publications-media/a-brief-history-of-facial-recognition/
  Crowd Surveillance: Facial recognition aids in identifying individuals in crowded
areas, enhancing security measures and facilitating the detection of criminals or
missing persons.

 Device Unlocking: Facial recognition technology is commonly used for

automated identification in device unlocking, ensuring secure access to personal
data and protecting against unauthorized use.

 Access Control Systems: Face detection is employed in locking/unlocking doors

and controlling access to sensitive areas, providing a robust security mechanism
for restricted premises.

 Airport and Border Control: Facial recognition is utilized in airports and border
control checkpoints for identity verification, ensuring a seamless and secure travel
experience.

2. Law Enforcement:

 Investigation Support: Facial recognition systems assist law enforcement agencies

in collecting and comparing facial images from arrestees, aiding in suspect
identification and verification.

 Missing Persons: Face detection technologies contribute to locating missing

individuals by matching their images with registered databases, expediting search
efforts and increasing the chances of successful recovery.

 Crime Prevention: Facial recognition has the potential to identify and track
criminals, enabling law enforcement to intervene and prevent criminal activities
in a more efficient manner.

3. Health Services:

 Disease Diagnosis: By utilizing face detection, facial recognition technology can

be employed to diagnose certain diseases that exhibit detectable changes in
physical appearances, leading to early detection and improved treatment
outcomes.

 Patient Analysis: Facial recognition enables the identification of age, gender, and
emotions based on facial expressions, assisting healthcare professionals in
analyzing patient data and personalizing treatment approaches.
  Accessibility Tools: Innovative applications utilize face detection to develop tools
that aid individuals with visual impairments, such as apps that recognize facial
expressions and provide feedback or assistance.

4. Social Media:

 Photo Enhancement: Facial recognition technology is integrated into social media

platforms, allowing users to apply filters, special effects, and facial alterations to
their photos, enhancing visual appeal and personalization.

 Automatic Tagging: Facial recognition enables automatic tagging of individuals

in photos, simplifying the process of organizing and sharing images with friends
and family.

 Augmented Reality: Face detection is utilized in augmented reality experiences,

allowing users to overlay digital elements onto their faces for entertainment and
creative expression.4

5. Retail and Marketing:

 Customer Recognition: Facial recognition technology can be employed in retail

environments to identify and recognize customers, providing personalized
shopping experiences and targeted marketing strategies.

 Fraud Prevention: Face detection helps mitigate fraud by verifying customer

identities during transactions5, reducing the risk of identity theft and unauthorized
access to accounts.

 Customer Analytics: Facial recognition enables the analysis of customer

demographics and emotions, allowing businesses to gain valuable insights for
improving products, services, and customer experiences.

6. Others:

 Banking and Finance: Facial recognition is employed in banking institutions for

secure customer authentication and fraud prevention, reducing the risk of
unauthorized access to accounts.
4
Cameralyze. (2022, March 8). 4 areas where face detection is used. Retrieved from
https://www.cameralyze.co/blog/4-areas-where-face-detection-is-used

5
Trio.dev. (2022, February 22). Facial recognition applications. Retrieved from
https://www.trio.dev/blog/facial-recognition-applications
  Employee Time and Attendance: Facial recognition systems are used in
workplaces to accurately track and manage employee attendance, eliminating the
need for manual timekeeping methods.

 Education Sector: Facial recognition can be implemented in educational

institutions for attendance tracking, ensuring the safety of students, and
streamlining administrative processes.

 Smart Homes and Internet of Things (IoT): Facial recognition can be employed in
smart home systems to provide personalized user experiences, such as
automatically adjusting lighting and temperature preferences based on recognized
individuals.

Chapter two: Facial Recognition and the Law

1. Facial Foresight: Unveiling the Precision and Trustworthiness of Facial

Recognition Technology
Facial recognition technology has made significant advancements, but ensuring accuracy
remains a critical challenge. Numerous factors contribute to the accuracy of facial recognition
systems, ranging from inherent changes in appearance due to aging and the impact of facial
expressions to the complexities posed by occlusion, low-resolution images, and the presence of
noise. Additionally, factors like plastic surgery, varying lighting conditions, and pose variations
further complicate the accurate identification of individuals.6

In ideal conditions, face verification algorithms can achieve accuracy rates as high as 99.97% on
standardized assessments like NIST's Facial Recognition Vendor Test (FRVT). However, when
matching faces against images captured "in the wild," the error rate can increase significantly,
ranging from 0.1% to 9.3%. Ageing also poses a challenge, with error rates for matching photos
taken 18 years apart showing an increase by a factor of nearly 10. When it comes to matching
faces in surveillance footage, accuracy rates can range from 36% to 94.4%, depending on the
setting and camera placement.7

6
RecFaces. (n.d.). How accurate is facial recognition? Retrieved from https://recfaces.com/articles/how-accurate-is-
facial-recognition#4
7
Kellogg, R. (2023, May 26). How accurate are facial recognition systems – and why does it matter? Retrieved from
https://www.csis.org/blogs/strategic-technologies-blog/how-accurate-are-facial-recognition-systems-and-why-does-
it
Facial recognition, an intriguing yet controversial technology, holds both promises and potential
pitfalls. As we delve into the realm of AI-driven identification, we encounter stories of mistaken
identities and wrongful accusations. Imagine being wrongfully suspected of a theft while
standing by your wife's side during the miraculous moments of childbirth. Such instances
highlight the gravity of incorrect identifications in facial recognition systems. The question
arises:

What is the likelihood of such errors occurring? Is the technology truly reliable?

Delving into the depths of this subject, fascinating journey of progress and challenges was
discovered. From the remarkable advancements that have reduced the error rates to less than
0.08% to the nuances faced in real-world scenarios, where error rates can climb as high as 9.3%.
It becomes apparent that while accuracy has significantly improved, there are still hurdles to
overcome in achieving precise and reliable facial recognition outcomes.8

2. Faces That Speak: Intersecting Facial Recognition and the Testimony of

Human Observers
The objective nature of facial recognition analysis challenges the traditional reliance on human
memory and perception, providing an unbiased and scientific perspective on identity. This, in
turn, prompts a reevaluation of the weight assigned to eyewitness testimony and the potential
implications for the justice system. However, the utilization of facial recognition technology in
criminal trials introduces new legal implications and decision-making dilemmas. Courts must
grapple with the admissibility, reliability, and potential biases associated with facial recognition
evidence while safeguarding the rights of the accused and upholding the principles of justice.
Striking a delicate balance between the benefits and concerns of facial recognition is paramount.
While it has the potential to enhance accuracy and provide valuable insights, concerns
surrounding privacy, accuracy limitations, and biases must be addressed to ensure a fair and just
legal system.

Collaboration between legal professionals, technologists, and forensic experts becomes essential
in establishing standards for the collection, analysis, and presentation of facial recognition
evidence. This collaboration will ensure that expertise and clear guidelines are in place to
evaluate and present evidence effectively within the context of criminal trials. The relationship
between eyewitness testimony and facial recognition evidences the evolving legal landscapes in
the face of advancing technology. As facial recognition technology continues to progress,
ongoing research, ethical discussions, and legal debates are necessary to navigate complexities,
address emerging issues, and strike a balance that preserves the integrity and reliability of the
justice system.
8
Analytics Insight. (2023, March 8). Is facial recognition really accurate? Retrieved from
https://www.analyticsinsight.net/is-facial-recognition-really-accurate
Case: The case of Robert Clark highlights the complexities and limitations of eyewitness
testimony and its relationship to facial recognition. The victim's initial identification of someone
other than Clark from a mug book and subsequent identification of Clark from a photo lineup
raise questions about the accuracy and reliability of eyewitness identification. The victim's level
of confidence expressed in court did not align with her prior identification behavior, indicating
the potential for memory distortion and the influence of external factors9

3. Unveiling the Veil: Facial Recognition Challenging the Presumption of

Innocence
The integration of facial recognition technology in legal proceedings raises profound
implications for the fundamental principle of the presumption of innocence. The use of facial
recognition as evidence necessitates a careful exploration of how it aligns with the presumption
of innocence, a cornerstone of the justice system. While facial recognition technology can
provide valuable insights, it must be scrutinized to ensure that its usage does not undermine the
presumption of innocence. Relying heavily on facial recognition evidence without sufficient
corroborating proof poses significant challenges and risks. The inherent limitations, biases, and
potential errors associated with facial recognition algorithms demand caution in placing undue
reliance on this technology alone.10

Case : The Flawed Recognition

In a criminal trial, facial recognition technology was presented as crucial evidence linking the
defendant to the scene of the crime. The prosecution argued that the technology had accurately
identified the defendant as the perpetrator based on surveillance footage. However, upon closer
scrutiny, it was revealed that the facial recognition algorithm had a higher rate of false positives,
leading to misidentifications. The defense highlighted the potential risks of relying solely on this
technology without corroborating evidence. The case raised concerns about the presumption of
innocence, as the defendant's fate hinged on a flawed facial recognition system.11

9
Wells, G. L., & Olson, E. A. (2003). Confidence and accuracy of eyewitness identifications. Current Directions in
Psychological Science, 12(5), 197-200. doi:10.1111/1467-8721.00403

10
Smith, J. (2021, March 8). Going beyond the common suspects: To be presumed innocent in the era of algorithms,
big data, and artificial intelligence. ResearchGate. Retrieved May 26, 2023, from
https://www.researchgate.net/publication/368716175_Going_beyond_the_common_suspects_to_be_presumed_inno
cent_in_the_era_of_algorithms_big_data_and_artificial_intelligence
11
Kopel, D. B., & Blackman, J. (2022, February 14). Flawed claims about bias in facial recognition. Lawfare Blog.
Retrieved May 26, 2023, from https://www.lawfareblog.com/flawed-claims-about-bias-facial-recognition
 4. Informed Faces: Navigating Privacy and Consent in the Realm of Facial
Recognition
The use of facial recognition technology for identification purposes has expanded rapidly,
particularly in law enforcement and security contexts. In contrast with fingerprint or DNA
databases, governments can leverage extensive existing repositories of photographs suitable for
integration with facial recognition technology. For instance, driver's licenses, passports, and mug
shots provide readily available sources of facial templates. Moreover, the proliferation of high-
quality photographs uploaded to the internet has further augmented the potential resource pool
for facial recognition systems.

In Australia, the potential introduction of a national facial biometric matching capability has
been a topic of debate since 2017. Proposed legislation aims to enable various federal agencies,
including the Department of Foreign Affairs and Trade, the Department of Home Affairs, the
Australian Federal Police, and the Australian Security Intelligence Organisation, to share and
search facial templates from sources such as driver's licenses and passports. With approximately
80% of the adult population holding driver's licenses and half of the general population
possessing biometric passports, the proposed national database would have a searching capability
encompassing around 20 million citizens.

However, concerns regarding privacy and consent have emerged alongside these developments.
The lack of transparency and public debate surrounding the implementation of facial recognition
systems has drawn criticism. In some cases, regulations have been amended without proper
legislative scrutiny, allowing for the release of biometric driver's license photographs to law
enforcement and security agencies for biometric matching purposes without warrants or
individual knowledge. The need for clear regulations, oversight, and safeguards becomes
apparent when considering the access to databases, the seriousness of offenses that can be
investigated, and the involvement of the private sector in utilizing these systems for identity
verification.

In the context of privacy within a facial recognition system, individuals should be entitled to
certain rights like:

 Right to consent
 Right to control personal data
 Right to access
 Right to correction
 Right to deletion
 Right to transparency
 Right to purpose limitation
  Right to non-discrimination
 Right to security
 Right to legal remedies
12

Case:

1. Clearview AI's Unauthorized Image Scraping: Clearview AI, a facial recognition

company, faced legal action and public backlash when it was revealed that they had
scraped billions of images from social media platforms without consent. This case
emphasizes the need for informed consent and raises concerns about the ethical
implications of using personal images for facial recognition purposes without individuals'
knowledge or permission.13

2. Facebook's Facial Recognition Opt-In Controversy: Facebook faced criticism and legal
challenges regarding its facial recognition technology. In one instance, the company
disabled its facial recognition feature in Europe following an investigation by the Irish
Data Protection Commissioner, which found that Facebook had violated privacy laws.
This case highlights the importance of providing users with clear information and the
choice to opt in or opt out of facial recognition technology to protect their privacy.14

1. Facial Recognition in context of Nepal

The rapid growth of internet and mobile communications in Nepal has driven the need for
comprehensive digital laws and policies. The "National Information and Communication
Technology Policy, 2015" (ICP) aimed to establish the foundation for a vision of "Digital
Nepal," emphasizing the economic and transformative potential of information technology.
While the ICP laid the groundwork for a cyber-security policy, it was not fully realized.

In September 2018, Nepal introduced the Privacy Act, which implemented the constitutional
right to privacy and significantly impacted the use of personal information. The act provided
guidelines for the utilization of personal information held by public entities and established
liabilities for breaches.

12
No author. (n.d.). [978-3-030-90256-8]. PDF. Retrieved May 26, 2023, from
file:///C:/Users/USER/Downloads/978-3-030-90256-8.pdf
13
Gallagher, E. (2022, October 26). Clearview AI image scraping face recognition service hit with €20m fine in
France. Naked Security. Retrieved May 26, 2023, from https://nakedsecurity.sophos.com/2022/10/26/clearview-ai-
image-scraping-face-recognition-service-hit-with-e20m-fine-in-france/
14
Broussard, A. (2022, January 11). Facebook will drop its facial recognition system, but here's why we should be
sceptical. The Conversation. Retrieved May 26, 2023, from https://theconversation.com/facebook-will-drop-its-
facial-recognition-system-but-heres-why-we-should-be-sceptical-171186
In early 2019, the Nepal government proposed an IT Bill to replace the existing Electronic
Transaction Act, aiming to regulate various aspects of the IT sector. Although the IT Bill covers
a wide range of areas, including social media, surveillance, e-commerce, and tech innovation, it
does not specifically mention facial recognition. Instead, it focuses on definitions, licensing
regimes for services such as social networks and data centers, and penalties for offenses like
cyber terrorism and publishing obscene materials. The bill also grants investigating agencies the
power to access and intercept data.

In Nepal, technological advancements such as CCTV cameras, fingerprints, and other forms of
evidence gathering have increasingly been considered in legal proceedings. These technologies
are used for surveillance and identification purposes, and their use as evidence in criminal
investigations and court cases has become more prevalent. CCTV footage, in particular, is often
utilized to monitor public spaces and assist law enforcement in identifying suspects or providing
evidence for criminal activities. Additionally, fingerprints and other biometric data are collected
and analyzed for identification purposes, aiding in the establishment of individuals' involvement
in specific incidents. These technological advancements have brought about new challenges and
considerations regarding privacy, data protection, and the admissibility of such evidence in the
legal system.

While there is no explicit law on facial recognition in Nepal, the indirect mention of various
aspects related to technology, privacy, and data regulation in the digital laws indicates the need
for a comprehensive legal framework that considers emerging technologies like facial
recognition. Furthermore, the Evidence Act of Nepal may provide guidance on the admissibility
and treatment of digital evidence, including potential use cases involving facial recognition
technology.1516

In Nepal, facial recognition was used to identify a group of people who were accused of
vandalizing a statue of the Buddha. The police used facial recognition software to compare the
images of the suspects to a database of mugshots. The software was able to identify two of the
suspects, who were then arrested.
Similarly In 2014, the FBI used facial recognition technology to track down a fugitive who had
been on the run for 14 years. The fugitive, Neil Stammer, was accused of child sex abuse and
kidnapping. He had fled the United States in 2000 and was living in Nepal under a false name.
The FBI used facial recognition software to scan Stammer's old mugshot and compare it to
images of people in Nepal. The software was able to identify Stammer, and he was arrested by
Nepalese authorities.

15
ikigailaw.com. (2019, August 9). Introduction to digital security laws in Nepal, Sri Lanka, and Bangladesh.
Retrieved from https://www.ikigailaw.com/introduction-to-digital-security-laws-in-nepal-sri-lanka-and-
bangladesh/#acceptLicense
16
The Record. (2021, August 27). Sleepwalking into a digital world. Retrieved from
https://www.recordnepal.com/sleepwalking-into-a-digital-world
SpeedFace-V5L [TD]: This technology is used by the Nepal Police to identify criminals and
missing persons. SpeedFace-V5L [TD] is a touchless recognition technology that can identify
people even if they are wearing masks.

Facesense Facial Recognition Scan (FRS): This technology is used by businesses in Nepal to
track employee attendance and access control. Facesense Facial Recognition Scan (FRS) is a
high-accuracy technology that can identify people even in low-light conditions

2. Facial Recognition in a few countries

Facial recognition technologies are extensively utilized worldwide, with only six out of 99
countries not using them. A significant majority of governments, about 70%, employ facial
recognition on a large scale for national security purposes. In 70% of the countries surveyed, law
enforcement agencies have access to facial recognition systems. Furthermore, approximately
40% of these countries utilize facial recognition technologies and applications in workplace
settings. During the COVID-19 pandemic, over 40% of these countries used facial recognition
technologies as a preventive measure to contain the spread of the virus.

Facial recognition technology is widely employed for various purposes in different countries.
China is known for effectively utilizing facial recognition systems for surveillance, including in
schools where it can impact students' grades based on their attentiveness. Russia has used facial
recognition technologies to identify protesters during recent demonstrations. Japan utilizes facial
recognition and social media data to track criminals, maintaining a database of approximately 10
million Japanese citizens' faces. Australian police have controversially used Clearview, an app
that extracts data from social media, resulting in its ban in some countries. Spain utilizes facial
recognition in schools to detect emotions and monitor surroundings for student safety.17

Landmark Cases in Other Jurisdiction in context of Facial Recognition

1. ACLU v. Amazon (2020): In this case, the ACLU challenged the use of facial
recognition technology by Amazon Rekognition, a cloud-based service that
allows businesses to identify people in images and videos. The case is still
pending.

2. CNIL v. Google (2021): In this case, the French data protection authority, the
CNIL, fined Google €50 million for violating the General Data Protection
Regulation (GDPR) by using facial recognition technology without users' consent.

17
Cameralyze. (n.d.). How facial recognition is used in the world. Retrieved from
https://www.cameralyze.co/blog/how-facial-recognition-is-used-in-the-world
3. ACLU v. Clearview AI (2022): In this case, the ACLU challenged the use of
facial recognition technology by Clearview AI, a company that collects and stores
billions of facial images from the internet. The case is still pending.

4. South Wales Police v. Ed Bridges (2020): In this case, the Court of Appeal of
England and Wales ruled that the use of facial recognition technology by South
Wales Police was unlawful. The court found that the technology was not accurate
enough to be used as evidence in court, and that its use violated the privacy rights
of individuals.

5. Kinkade v. Google (2021): In this case, a California court ruled that Google could
not use facial recognition technology to identify people in its Street View images
without their consent. The court found that the use of facial recognition
technology without consent violated the California Consumer Privacy Act.

6. Riley v. California (2019): In this case, the Supreme Court of the United States
ruled that police need a warrant to use facial recognition technology to scan the
faces of people who are not suspected of a crime. The court found that the use of
facial recognition technology without a warrant is a search under the Fourth
Amendment, and that searches require a warrant.

7. ACLU v. Amazon (2020): In this case, the ACLU sued Amazon for selling facial
recognition technology to law enforcement agencies. The ACLU argued that the
sale of facial recognition technology to law enforcement agencies violates the
Fourth Amendment. The case is still pending.

8. Facebook v. Texas (2021): In this case, the Supreme Court of Texas ruled that
Facebook cannot be forced to turn over facial recognition data to law enforcement
agencies without a warrant. The court found that the Fourth Amendment protects
the privacy of facial recognition data, and that law enforcement agencies need a
warrant to obtain this data.

9. State of Telangana v. S Q Masood: This case was filed by activist S Q Masood in

2022 challenging the use of facial recognition in Telangana. The lawsuit argues
that the technology is unconstitutional and illegal. The case is still pending.

10. State of Delhi v. Unknown: This case was filed by the Delhi Police in 2020 after
violence broke out during protests against the government's Citizenship
 Amendment Act. The police used facial recognition to identify people who were
involved in the violence. The court ruled in favor of the police and allowed the
facial recognition evidence to be used in court.

11. State of Telangana v. Unknown: This case was filed by the Telangana Police in
2021 after a man was suspected of stealing a car. The police used facial
recognition to identify the man and he was subsequently arrested. The court ruled
in favor of the police and allowed the facial recognition evidence to be used in
court.

Consumer products:

 Apple's Face ID enables users to unlock newer iPhone and iPad Pro models, authorize
payments, and access services.

 Am screen’s facial scanning technology tailors advertisements based on the age and
gender of the viewer.

 Samsung SDS America and Diebold Nixdorf allow customers to authenticate ATM
transactions using facial recognition.

 FaceFirst provides facial recognition tools to retailers for identifying and preventing
shoplifting.

 Some car companies are incorporating facial recognition technology for unlocking doors.

Homeland Security and public safety:

 The New York State Department of Motor Vehicles has used facial recognition to
identify cases of identity theft and fraud.

 Facial recognition is deployed by the U.S. military and local security forces in
Afghanistan and Iraq to identify suspects.

 The U.S. Department of Homeland Security employs facial recognition to track down
child predators and rescue children.

 Indian officials used facial recognition to identify missing children quickly.

 Taylor Swift used facial recognition at a concert to identify potential stalkers.

Administration:
  India's Aadhaar program assigns biometric identities to citizens for accessing government
benefits and financial services.

 JetBlue and SITA developed a check-in system based on facial recognition technology.

 Face First is utilized by stadiums to identify VIP customers and banned individuals.

 Facial recognition tools have been developed to detect genetic disorders like Down
syndrome.

 Medical startup FDNA created Face2Gene, a mobile app that matches facial features with
potential syndromes.18

The legal and regulatory framework surrounding facial recognition technology (FRT) is still
evolving and varies across countries and regions. In the United States, there is currently no
federal law specifically regulating FRT, although certain states and cities have implemented
their own regulations. For instance, San Francisco and Oakland in California have banned the
use of FRT by law enforcement, while Boston and Portland in Oregon have imposed
temporary suspensions on its use. Some states like Illinois, Texas, and Washington have laws
that require companies to obtain consent before collecting biometric data, including facial
recognition data.

In Europe, the General Data Protection Regulation (GDPR) provides guidelines for the use of
FRT and other types of personal data. Furthermore, the European Union is actively developing
new regulations dedicated to FRT. This includes a proposed regulation on artificial intelligence,
which will establish stringent requirements for FRT use, including transparency, human
oversight, and data minimization.

In Asia, both China and India have introduced national laws and guidelines concerning FRT.
China has implemented a national standard for FRT and extensively utilizes the technology for
surveillance and security purposes. Meanwhile, India has employed FRT for various government
schemes such as Aadhaar and the Real-Time Face Recognition System.19

3. Analysis and conclusion

18
Sahami, M. (n.d.). Ethics Case Studies: Facial Recognition. Retrieved from
http://ai.stanford.edu/users/sahami/ethicscasestudies/FacialRecognition.pdf
19
Legal Service India. (n.d.). The Use of Facial Recognition Technology by Law Enforcement and Its Impact on
Civil Liberties. Retrieved from https://www.legalserviceindia.com/legal/article-10277-the-use-of-facial-recognition-
technology-by-law-enforcement-and-its-impact-on-civil-liberties.html
Advantages of facial recognition
1. Robust Security: Facial recognition provides enhanced security measures with its
accurate identification capabilities.

2. Seamless Authentication: It offers convenient and seamless authentication without the

need for passwords or physical credentials.

3. Swift Processing: Facial recognition technology processes data rapidly, providing quick
and efficient results.

4. User-Friendly Experience: It offers a user-friendly experience by utilizing facial features

for identification, eliminating the need for complex procedures.

5. Personalized Interactions: Facial recognition enables personalized interactions, tailoring

experiences based on individual preferences.

6. Crime Prevention: It aids in crime prevention by identifying individuals involved in

unlawful activities through facial analysis.

7. Improved Customer Service: Facial recognition enhances customer service by enabling

personalized greetings and tailored assistance.

8. Time and Cost Efficiency: It saves time and reduces costs by automating processes such
as attendance tracking and identity verification.

9. Contactless Interactions: Facial recognition promotes touchless interactions, maintaining

hygiene standards and minimizing physical contact.

10. Data Insights: Facial recognition generates valuable data insights, enabling analysis of
customer behavior and patterns for business optimization.

Facial Recognition Bias and Disproportionate Impact:

 Investigating the potential bias and disproportionate impact of facial

recognition technology on marginalized communities.

 Exploring the ethical and social justice implications of using facial

recognition evidence within a broader socio-political context.