Kerala High Court Issues Directions on AI-Based Surveillance in Public Spaces
- ByAdmin --
- 31 May 2025 --
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The Kerala High Court has recently issued important directives regarding the use of Artificial Intelligence (AI)-based surveillance systems in public areas. The ruling focuses on balancing technological advancement with citizens’ fundamental rights, especially the right to privacy.
Background
AI-driven surveillance tools, including facial recognition and behavioral analytics, are increasingly deployed by government agencies for public safety, crime prevention, and traffic management. However, concerns have emerged about privacy violations, data security, and potential misuse of such technologies.
Petitions were filed questioning the legality and safeguards surrounding AI surveillance in Kerala’s public spaces, prompting the High Court to examine the issue closely.
Key Directions by the Kerala High Court
- Adherence to Privacy Rights
The Court reiterated that the use of AI surveillance must comply with the right to privacy as guaranteed under Article 21 of the Constitution of India, following the landmark Supreme Court judgment recognizing privacy as a fundamental right.
- Clear Legal Framework
Authorities were directed to develop explicit policies regulating AI surveillance, specifying the purpose, scope, data retention periods, and limits on data sharing.
- Transparency and Public Awareness
The Court emphasized the need for transparency by informing the public about the deployment of AI surveillance and its objectives.
- Data Protection and Security Measures
Strict protocols must be implemented to ensure that collected data is securely stored, protected against unauthorized access, and used solely for legitimate purposes.
- Oversight Mechanism
An independent supervisory body should be constituted to monitor the functioning of AI surveillance systems and address grievances.
- Prohibition of Arbitrary Surveillance
Surveillance should not be used for indiscriminate monitoring or profiling without reasonable suspicion or legal authorization.
Relevant Legal Provisions
- Article 21, Constitution of India
Guarantees the right to life and personal liberty, including the right to privacy.
- Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
Provides guidelines for the protection of sensitive personal data.
- Personal Data Protection Bill (pending legislation)
Although not yet enacted, it seeks to regulate the collection, storage, and use of personal data, including surveillance data.
- The Indian Telegraph Act, 1885 and The Indian Wireless Telegraphy Act, 1933
Regulate interception and monitoring of communication but currently lack specific provisions on AI surveillance.
Implications of the Court’s Directions
- For Government and Law Enforcement Agencies
They must ensure AI surveillance deployments respect privacy norms and operate within a clear legal framework with accountability.
- For Citizens
The ruling reassures that their privacy rights are protected and that surveillance is subject to oversight and transparency.
- For Policymakers
The judgment highlights the urgent need to enact comprehensive data protection and surveillance laws.
Way Forward
- Formulating detailed guidelines and laws specific to AI surveillance technologies.
- Establishing public consultations to address concerns and improve acceptance.
- Investing in technology that incorporates privacy-by-design principles.
- Training officials on ethical use and limits of AI surveillance.
Conclusion
The Kerala High Court’s directions on AI-based surveillance emphasize the delicate balance between harnessing technology for public good and safeguarding fundamental rights. By insisting on transparency, accountability, and privacy protections, the Court seeks to ensure that AI surveillance in public spaces respects constitutional values and citizens’ dignity while enhancing security and governance.
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