A Critical Study of Biometric Surveillance Laws in India and the Implications of the Criminal Identification Act 2022 In the Age of Digital Governance

Abstract

The increasing integration of biometric technologies into public administration has transformed the landscape of governance and surveillance in India. This study critically explores the legal, ethical, and policy implications of biometric surveillance laws, with particular focus on the Criminal Identification Act, 2022. Positioned within the broader context of digital governance, the research seeks to understand how the collection, storage, and use of biometric data by law enforcement agencies intersect with constitutional rights, data privacy principles, and emerging technological risks. The study begins by examining the historical evolution of biometric surveillance and its relevance in contemporary digital governance frameworks. It explores how biometric systems—such as facial recognition, iris scans, and fingerprinting—have been increasingly deployed for crime control, public safety, and identity verification.

The analysis further delves into the existing legal and regulatory structures governing biometric data in India, including the Aadhaar framework, the Information Technology Act, and draft data protection legislations. A comparative review of global standards is also undertaken to assess India’s alignment with international human rights norms. A major component of the research is a detailed critique of the Criminal Identification Act, 2022, including its expanded scope for collecting physical and biological samples, the absence of robust data protection mechanisms, and its compatibility with the right to privacy as laid down in the Puttaswamy judgment. The study also addresses ethical concerns surrounding consent, potential misuse of surveillance technologies, and the lack of accountability in data handling. This includes recommendations for a more transparent, accountable, and rights-based approach to biometric governance in India. The study concludes that while biometric systems can enhance efficiency, they must be balanced with adequate legal safeguards to protect individual freedoms in a democratic society.