Plea Challenges Use Of Facial Recognition Technology To Record Attendance Of Govt. Varsity Staff: Allahabad HC Seeks UP Govt's Reply

The Allahabad High Court has sought a reply of the Uttar Pradesh Government on a plea challenging the use of Facial Recognition Technology for recording the attendance of the teaching and non teaching staff in the Chhatrapati Shahu Ji Maharaj University, Kanpur.

The Bench of Justice Manoj Misra and Justice Mohd. Azhar Husain Idrisi has also sought the response of the University administration and the Higher Education Department, Government of Uttar Pradesh. 

Essentially, one Dr. Suvijna Awasthi, a staff member of the Univerity has moved the Court challenging the university administration's order mandating that bio-metrics of teaching and non-teaching staff in the University shall be utilized for recording their attendance and payment of salary shall be on the basis of attendance so recorded.

It is her case that taking bio-metrics to the extent of facial recognition would impinge upon the right of privacy guaranteed under Article 21 of the Constitution of India and it would also expose the incumbent to leakage of his personal data.

It was the primary argument of the Senior Counsel appearing on her behalf that though the right to privacy is not an absolute right, the law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights. He argued that there must be a law impinging upon the right of privacy; secondly, the law must serve legitimate State aim; and thirdly, the law must be proportional which ensures a rational nexus between the objects and the means adopted to achieve them.

In this regard, the Senior Counsel relied upon Apex Court's ruling in the case of K.S. Puttaswamy Vs. Union of India: (2017) 10 SCC 1 to argue that the decision to impose use of bio-metrics for recording attendance has no backing of a law.

Importantly, the petitioner has also challenged the decision of the University to give liberty to engage a private firm to enable the recording of attendance by use of such bio-metrics thereby endangering the security of the bio-metrics profile.

Taking into account these submissions, the Court observed that the case of the petitioner required consideration and thus, the Court issued notices to the concerned respondents and asked them to file their replies in three weeks' time. With this, the petition was listed for further consideration on 15th November 2022.

Case title - Dr. Suvijna Awasthi v. State Of U.P. And 4 Others

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