Context:

Facial recognition technology, such as Digi Yatra, carries risks of abuse by private entities, and more guardrails are needed to prevent the misuse of biometric data, according to a study from the Vidhi Centre for Legal Policy funded by Niti Aayog.

About Digi Yatra

• The Digi Yatra app is a Biometric Enabled Seamless Travel experience that uses Facial Recognition Technology (FRT) for seamless airport check-ins and boarding. 
• Digi Yatra envisages travelers to navigate airport checkpoints through a paperless and contactless process, using FRT to verify their identity linked to their boarding pass.
• Since its launch in December 2022, the Digi Yatra app has been downloaded by over 5.5 million users, with more than 30 million passengers utilizing the service across 24 airports.
• The Digi Yatra Foundation, established in 2019 is a joint venture under Section 8 of the Companies Act, 2013, operates the Digi Yatra platform. 
• Its shareholders include the Airports Authority of India (26%) and five major airports—Hyderabad, Kochi, Bengaluru, Mumbai, and Delhi (74%).

Facial recognition technology (FRT)

• It is a biometric system that identifies human faces by analyzing unique features. 
• It can recognize individuals in photos, videos, and real-time situations. 
• Using computer algorithms, FRT detects facial landmarks, such as cheekbone shape and lip contours, and converts them into a numerical code called a faceprint. 
• Its effectiveness is enhanced by various artificial intelligence techniques, improving accuracy and efficiency in recognition.

Concerns related: 

• There are growing concerns about the potential misuse of biometric data by private entities.
• The current legal framework lacks adequate checks and balances for the use of facial recognition technology (FRT), particularly in law enforcement contexts.
• Critics argue that integrating FRT with existing law enforcement practices could violate Article 21 of the Constitution, which protects the right to life and personal liberty.
• The Ministry of Electronics and IT (MeitY) has noted the absence of specific regulations to protect biometric data, especially during the drafting of the Digital Personal Data Protection (DPDP) Act.

Regulatory Recommendations:

• The Ministry of Electronics and IT (MeitY) called for specific regulations to protect individuals from potential data misuse by organizations like the Digi Yatra Foundation. 
• The Ministry of Civil Aviation suggested that Digi Yatra may become the standard process (de facto) for airport check-ins, potentially contradicting its claim that participation is voluntary.
• The Ministry of Home Affairs suggested that FRT should be used alongside other biometric methods (like fingerprints) to address privacy issues.
• The study demanded more clarity in the Digi Yatra privacy policy regarding the deletion of passenger information post-travel, particularly concerning facial biometrics.