Facial Recognition Technology and the Right to Privacy: Legal and Constitutional Challenges in the Digital Era

Abstract

Facial recognition technology has emerged as a powerful artificial intelligence-based tool for identification, authentication, surveillance, border management, policing, and commercial services. Its increasing deployment has generated significant legal and constitutional concerns concerning privacy, data protection, individual autonomy, discrimination, surveillance, and procedural safeguards. Unlike conventional identification mechanisms, facial recognition can potentially identify individuals without their active participation or awareness, creating new possibilities for large-scale monitoring. This article examines the legal and constitutional implications of facial recognition technology with particular emphasis on the right to privacy, informational self-determination, consent, proportionality, and state surveillance. It argues that the deployment of facial recognition technology should be subject to clear legal authorization, necessity and proportionality requirements, transparency, independent oversight, and effective remedies.