The High Court of Telangana Monday issued notice against the state government in a petition by Hyderabad-based social activist SQ Masood regarding the deployment of facial recognition technology (FRT) in the state of Telangana.

Masood filed this petition in public interest after he was stopped by the police while returning home from work and asked to remove his mask despite the ongoing pandemic. Upon his refusal, the police officers captured his photograph anyway. His efforts to inquire the legal basis for the polices’ actions and the purpose for which his photograph may be used were largely unsuccessful. However, investigative reports by several newspapers revealed that the state government was deploying FRT for a wide range of activities including law enforcement, supplying essential services and elections. Despite applications by Masood, the government has refused to provide information on the legal basis for FRT use, claiming that the technology’s use is based on executive instruction alone.

Masood argued that the use of FRT restricts individuals’ right to privacy without complying with Puttaswamy v. Union of India’s four-fold test of legality, legitimate aim, proportionality and procedural safeguards. Since FRT involves the collection and storage of biometric and other personal information, Masood alleged that it infringes the country’s Information Technology Act and IT rules on Sensitive Personal Data or Information (SPDI) of 2011.

The matter will be listed for hearing after the court vacation ends on January 15, 2022. In 2020, the Internet Freedom Foundation tracked the use of FRT in India and found that Telangana was the most surveilled state in the country.