Flesh into Data; A South Asian Perspective on the Right to Privacy in the Biometric Context

Abstract

Biometric technology has become an emerging trend in the modern electronic era. However, identification of people by the use of biometric technology leads to human rights issues, out of which intrusions to privacy plays a major role. This study seeks to answer the problem as to what extent the Constitutions in Sri Lanka and India shield the right to privacy in the biometric identification and what measures could be introduced in order to enhance the constitutional privacy protection in Sri Lanka. The primary objective of this paper is to recognize the current constitutional provisions pertaining to right to privacy in Sri Lanka and India in light of biometric identification. The secondary objective is to analyse the constitutionality of the Sri Lankan and Indian biometric identification systems. The subject matter of this discipline has been limited to biometric identification opting out other concerns on the said technology. This study revolves around the human rights concern of the right to privacy although biometric technology itself carries numerous other legal concerns. As per the research methodology, black letter approach was used in order to undertake an in-depth analysis on the Sri Lankan and Indian legal framework on the privacy rights in biometric identification. In addition, empirical research methodology was also used to gather information on the practical implication of the said discipline. Towards the end, this paper supports the argument that the right to privacy ought to be safeguarded as a constitutional right in Sri Lanka in the light of biometric identification while emphasizing the threats posed to privacy by the same.