Gujarat High Court Seeks Policy on AI-Based Facial Recognition in Schools
- ByAdmin --
- 24 Apr 2025 --
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In a significant development touching upon the intersection of technology, education, and privacy rights, the Gujarat High Court has asked the state government to formulate a clear policy governing the use of AI-based facial recognition systems in schools. The court’s move comes amid rising concerns over privacy violations, data protection lapses, and the long-term ethical implications of exposing minors to surveillance technologies.
Technology in Education Under Scrutiny
The use of facial recognition technology (FRT) in educational institutions has gained momentum in recent years. Several schools across Gujarat and other parts of India have adopted these systems for tracking student attendance, managing access control, and even monitoring classroom engagement. While the intent is often improved efficiency and safety, there are growing concerns that such tools are being implemented without adequate legal safeguards.
Key Concerns Highlighted by the Gujarat High Court
In a hearing held in April 2025, the Gujarat High Court took suo motu cognizance of reports regarding the deployment of facial recognition in primary and secondary schools.
The court flagged the following major issues:
- Lack of Informed Consent: Many students and parents were unaware that facial data was being collected and processed.
- Absence of Legal Framework: There is no existing state or national regulation that specifically governs AI surveillance in schools.
- Impact on Children’s Rights: The court expressed concern that FRT could violate children’s right to privacy under Article 21 of the Constitution.
- Potential for Misuse: The data collected could be vulnerable to misuse or commercial exploitation if not protected adequately.
What the Court Has Directed
The Gujarat High Court has directed the following:
- The state government must draft a comprehensive policy on the use of FRT in educational institutions.
- The policy should be child-rights centric and in alignment with data protection principles.
- Until the policy is framed, the use of facial recognition in schools should be paused unless express consent is obtained from parents or guardians.
- The matter has been listed for further hearing in May 2025, with the expectation that a draft policy will be placed before the court.
Legal and Constitutional Framework
Key Constitutional Rights Involved:
- Right to Privacy: As held in Justice K.S. Puttaswamy v. Union of India (2017), privacy is a fundamental right under Article 21.
- Right to Education: Article 21A mandates free and compulsory education; undue surveillance may create a chilling effect on access.
- Protection of Children: Under the UN Convention on the Rights of the Child, to which India is a signatory, the dignity and data of minors must be protected.
Absence of a Strong Legal Framework:
- India’s Digital Personal Data Protection Act, 2023 lays down some principles of data collection and processing, but it does not provide specific safeguards for children in institutional settings.
- There are no sector-specific guidelines yet on AI use in schools, unlike in the EU where the GDPR classifies children’s data as sensitive and deserving of special protection.
Concerns from Civil Society and Experts
Privacy experts and child rights activists have raised alarms over the unchecked use of biometric technologies in schools. Some of the commonly cited concerns include:
- Normalization of Surveillance: Children exposed to surveillance from a young age may not grow up understanding the value of privacy.
- Data Security Risks: There’s no guarantee that collected biometric data will not be leaked, hacked, or sold.
- Algorithmic Bias: AI systems are not free from bias—facial recognition systems have been found to be less accurate in identifying children and persons from marginalized communities.
- Consent and Understanding: Children cannot meaningfully consent, and parents are often unaware of what they are consenting to.
Looking Ahead: The Need for Ethical Tech in Education
As India moves forward with digital transformation in education, it becomes critical to balance innovation with human rights.
Experts recommend:
- Implementing privacy-by-design systems
- Ensuring transparency and parental involvement
- Subjecting surveillance tech to independent audits
- Prohibiting biometric tracking unless strictly necessary and regulated
The Gujarat High Court’s proactive stance sets a crucial precedent for responsible technology use in India’s education sector. With AI and facial recognition rapidly entering everyday life, especially in vulnerable ecosystems like schools, it is essential that state action is guided by law, ethics, and constitutional protections.
The court’s direction to pause implementation until a formal policy is in place may help prevent irreversible harms and lay the groundwork for a child-centric, privacy-respecting approach to edtech innovations.
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