Will safeguard passengers’ privacy: MoCA

Departure hall at T2, Mumbai. Representation Pic

Indian airports have come under question for clicking photographs of passengers without consent, sparking significant privacy concerns. The controversy revolves around the DigiYatra scheme, which aims to streamline and enhance the passenger experience using facial recognition technology. However, recent incidents have highlighted potential breaches of the Ministry of Civil Aviation's (MoCA) guidelines.

Passengers raising concerns

Many passengers have voiced their concerns, emphasising the importance of consent and privacy in such technological advancements. An x user, Harsha Vadlamani, posted, "Hey @airvistara and @RGIAHyd, a staffer operating a camera with a front-facing screen, took photos of all UK888 passengers at gate 111 this morning. Was too tired and groggy to ask them but care to explain what was happening?"

A camera was placed at gate 111 at the Hyderabad airport

Vistara replied, "Hi Harsha, we wish to inform you that the camera's placed on the boarding gates is for the Digiyatra process, and the same is applicable for all the customers. We hope this helps. Thanks, Muskaan" Harsha again asked for confirmation that all passengers' photographs were taken posting, "Thank you, Muskaan. Just to reconfirm- photos of all passengers are being taken regardless of them opting for Digiyatra?"

To which the Vistara representative replied, "As checked with the airport team we wish to confirm that pictures of all the customers are taken. Thanks, Muskaan." Another user, Krishi, replied, "Same is applicable for all customers'. @airvistara how did you decide that on behalf of all customers? And what makes it applicable? Is there a government notification regarding this?" Another user Preetam Hegde, said "What about people who opted out Digiyatra? They don't have a choice!!"

"I was surprised and uncomfortable when I noticed my photograph being taken at the airport without my consent. It's a clear violation of my privacy, and I feel uneasy about how this data might be used. I did not opt for the DigiYatra scheme while booking the tickets," said another passenger requesting anonymity.

"The unauthorised collection of biometric data poses significant risks to individuals' privacy and security. Authorities must adhere to established guidelines and ensure that passengers' consent is obtained before any data collection. What if the passenger has not opted for DigiYatra? Why is it a compulsion for him/her to consent to the photograph? This is also a clear violation of Article 21 (right to privacy), which is also our fundamental right. Photographs are taken without consent," he added.

Ministry guidelines

The guidelines explicitly state that photographs of passengers should not be taken without their consent. This directive aims to respect the privacy of passengers who choose not to opt into the scheme while booking their tickets.

"Describe clearly the choices available to and obtain implicit/explicit consent in relation to personal data prior to collecting and processing." Despite these clear instructions, passengers have reported instances where their photographs were taken without permission, leading to discontent.

Officials and agencies

In response to the rising concerns, the MoCA has promised a thorough review of the current practices at airports. "We take these allegations seriously and are committed to upholding the privacy rights of passengers. We will investigate these reports and take appropriate action to ensure compliance with the guidelines," a senior official from MoCA stated. A senior DGCA official stated that this scheme is not under their jurisdiction and all the power regarding it lies with the ministry itself.

Vistara Speaks

Vistara released a statement on X following the conversation between Harsha and the airline as concerns started to escalate on passenger privacy. "Dear Harsha, we duly understand your query regarding the camera placed at the boarding gate for UK888 while you were traveling with us on June 7th, 2024. While we acknowledge the concerns that customers may have regarding privacy and data handling, it is imperative to mention that the process is not under the direct control of any airline. This initiative falls under the purview and guidelines set forth by the DigiYatra program itself and is implemented by the airport. Rest assured, we remain committed to maintaining the highest level of data privacy and security. We look forward to your kind understanding."

Aviation rights activist

Adv Yashwant Shenoy, an aviation rights activist said, "Let alone going to the constitution, these rules were formed by the government and are violated by them only. In India, the right to privacy and other fundamental rights are just to be kept in the books. On ground reality is that these fundamental rights are blatantly violated.

The DGCA needs to check during its audit whether the biometric data stored by airlines is deleted within 24 hours of the passenger boarding the flight as stated in the DigiYatra guidelines issued by the ministry. But sadly, DGCA is just a puppet in the hands of the airlines with several grey areas in the rules which airlines use for their profit."