As technology advances and the use of biometric data becomes more prevalent, it is crucial to address the privacy concerns and regulatory compliance associated with this sensitive data. The General Data Protection Regulation (GDPR) plays a key role in safeguarding individuals’ privacy rights and ensuring the responsible handling of biometric data.
Artificial Intelligence (AI) can also be utilized to ensure compliance and responsible handling of biometric data. By addressing these issues, organizations can strike a balance between reaping the benefits of biometric technology and protecting individuals’ privacy.
This article delves into the intersection of GDPR and biometric data, with a focus on privacy concerns and regulatory compliance requirements.
In 2019, a Swedish local authority was fined over $20,000 for using facial recognition software to monitor high school students’ attendance. The school claimed to have permission from students and parents, but the Swedish Data Protection Authority found that the school violated GDPR by not using a less intrusive method of collecting attendance data. This was the first time Sweden was issued a GDPR fine.
GDPR’s Crucial Role in Biometric Data Protection:
The General Data Protection Regulation (GDPR), an EU framework safeguarding individual privacy and personal data rights, imposes rigorous regulations on organizations processing personal information.
Biometric data, defined in GDPR’s Article 4 (14), encompasses personal data obtained through technical means, including an individual’s physical, physiological, or behavioral traits like fingerprints, voice recognition, facial features, iris scans, and vein patterns.
This handling of biometric data poses substantial risks to personal freedoms and rights, leading to a general prohibition, as outlined in GDPR’s Article 9 (1), against its use for uniquely identifying individuals. Nevertheless, specific exceptions detailed in Article 9 (2) provide flexibility to this prohibition.
Key Principles of GDPR That Are Essential for Data Protection:
- Transparent, fair, and lawful processing: Organizations must process biometric data in a transparent and lawful manner, informing individuals of the purpose and relevant details.
- Limitation of purpose: The collection of biometric data must comply with the GDPR’s principle of purpose limitation, requiring clear, defined, and legitimate objectives for processing. Use beyond the original purposes requires explicit consent or legal justification.
- Principle of data minimization: Only the minimum amount of biometric data necessary for the intended purpose should be collected and processed, requiring careful assessment and avoidance of excess.
- Accuracy: The GDPR requires those handling biometric data to ensure its accuracy; maintaining its integrity is crucial to prevent negative consequences from inaccuracies.
- Limitation of storage: The retention of biometric data must be in line with specific purposes, requiring defined retention periods and the deletion/anonymization of data after the fulfillment of the purpose or compliance with legal requirements.
- Confidentiality and integrity: The GDPR requires safeguards for the confidentiality and integrity of biometric data, requiring technical and organizational measures to protect against unauthorized access, loss, or unlawful processing.
Global Implications of GDPR for Biometric Data:
GDPR’s global jurisdiction encompasses entities processing EU residents’ data, necessitating compliance even for non-EU organizations handling biometric data of these residents.
Aligned with GDPR’s personal data definition, biometric information necessitates adherence to its principles. Entities handling biometric identifiers must establish legal bases, prioritize transparency, and respect individual rights.
Exploring Biometric Data and its Privacy Implications
Comprehending Biometric Data and Its Types:
Biometric data refers to the unique physiological or behavioral characteristics of an individual, utilized to ascertain or authenticate identity against a pre-existing template.
- Fingerprint: Distinctive impressions and ridges present on fingertips.
- Facial recognition: Evaluation of facial attributes such as the distance between eyes, nasal configuration, and jawline contour.
- Iris recognition: Inspection of the iris’s exclusive patterns.
- Voiceprint: Assessment of vocal attributes such as tone, pitch, and enunciation.
- Retina recognition: Examination of vascular configurations at the posterior of the eye.
- Hand geometry: Analysis of hand dimensions, form, finger length, and breadth.
- DNA: Scrutiny of individual genetic information.
Privacy Considerations Associated with Biometric Data
Despite augmenting the convenience and security of identity verification, biometric data introduces privacy considerations necessitating meticulous contemplation.
The following are principal risks linked to biometric data:
- Inherent and Sensitive Nature: Biometric data is personal and unique to each individual. Altering or replacing compromised biometric traits is complex.
- Unauthorized Access and Misuse: Insufficient protection of biometric data exposes it to unauthorized access and misuse, potentially resulting in identity theft or fraud.
- Re-identification and Profiling: Combining biometric data with other personal information facilitates re-identification and profiling.
- Consent and Personal Control: The collection of biometric data raises consent and control concerns. Robust consent mechanisms and data control options are crucial.
Addressing these risks necessitates robust security measures, encryption, access controls, and breach response plans. Transparency, informed consent, and personal empowerment are essential to preserving biometric data privacy.
Facts on Biometric Data Breaches and Fines Under GDPR
1. Clearview AI Inc. Fined EUR 20 Million by Italian SA for Facial Recognition Violations
On 10 February 2022, Clearview AI Inc. was fined EUR 20 million by the Italian SA for violating several GDPR regulations.
The violated regulations include:
- Principles relating to processing of personal data (Article 5(1)(a)(b)(e))
- Lawfulness of processing (Article 6)
- Processing of special categories of personal data (Article 9)
- Transparent information, communication and modalities for the exercise of the rights of the data subject (Article 12)
- Information to be provided where personal data are collected from the data subject (Article 13)
- Information to be provided where personal data have not been obtained from the data subject (Article 14)
- Right of access by the data subject (Article 15)
- Representatives of controllers not established in the Union (Article 27)
The case was a national case, with Article 3(2) applying.
In addition to the fine, the Italian SA imposed a ban on further collection and processing, ordered the erasure of the data, including biometric data, processed by Clearview AI.
2.Mercadona Fined €2,520,000 by Spanish Data Protection Authority for Unlawful Use of Facial Recognition System
The Spanish Data Protection Authority fined supermarket chain Mercadona €2,520,000 for illegally using facial recognition software in 48 of its stores in Spain. The system was designed to identify individuals with criminal records or restraining orders, but it also collected images of all customers, including children and employees, without lawful consent.
The AEPD declared the processing of biometric data unlawful as Mercadona failed to meet legal requirements under EU GDPR Article 9. The processing also did not comply with privacy principles, including necessity, transparency, and privacy by design. The AEPD reduced the initial fine of €3,150,000 due to voluntary payment.
GDPR Compliance in Biometric Data Management
Legitimate Foundation for Processing Biometric Data under GDPR
To process biometric data under the GDPR, entities must establish a lawful foundation for its processing. Several legitimate foundations may apply to the processing of biometric data:
- Consent: Entities can rely on explicit consent of the data subject.
- Contractual Performance: Processing may be necessary for contractual performance with the data subject.
- Legal Obligations Compliance: Entities may process biometric data to comply with legal obligations.
- Legitimate Interests: Entities may rely on their legitimate interests, provided they do not override the rights and freedoms of data subjects.
Individual Rights and Their Implications for Biometric Data
The GDPR confers several rights to individuals that have implications for the handling of biometric data.
- Right to Access and Rectify: Data subjects can request access and correction of their biometric data.
- Right to Erasure: Data subjects can request deletion of their biometric data under specific circumstances.
- Right to Restriction of Processing: Data subjects can request limitation of processing their biometric data in certain situations.
- Right to Object to Processing: Data subjects can object to the processing of their biometric data.
Technical and Organizational Strategies for Ensuring Adherence
To secure conformity with GDPR during biometric data processing, entities must deploy fitting technical and organizational tactics:
- Conducting DPIAs: Organizations must conduct DPIAs for high-risk processing of biometric data to identify and mitigate potential risks.
- Implementing Protective Measures: Organizations must implement robust measures, such as encryption and access control, to protect biometric data.
- Incorporating Privacy by Design: Organizations should adopt privacy by design principles when designing systems involving biometric data processing.
Best Practices for Ensuring GDPR Compliance when Managing Biometric Data
Organizations can take certain measures to comply with GDPR:
To ensure compliance with GDPR regulations when managing biometric data, organizations can adopt the following strategies:
- Comprehend GDPR Prerequisites: Understand the key principles, lawful foundations, and commitments dictated by GDPR for handling personal information, including biometric data.
- Execute a Data Cataloging Process: Identify and document all instances of biometric data processing activities within your entity, outlining the purpose, legal justification, and data movement.
- Establish a Lawful Foundation: Ascertain an appropriate legal basis for the processing of biometric data, such as valid consent, fulfillment of contractual responsibilities, adherence to legal mandates, or reliance on legitimate interests.
- Employ Suitable Security Safeguards: Implement technical and organizational mechanisms to protect biometric data against unauthorized access, misuse, and breaches. This includes encryption, access management protocols, security assessments, and staff education on data protection.
Guidelines for collecting, storing, and processing biometric data:
- Purpose limitations: Clearly define the purposes for collecting and using biometric data and ensure that data processing activities are in line with these intended purposes. Avoid using biometric data for purposes that are irrelevant or excessive.
- Informed consent: Obtain informed and explicit consent from individuals before collecting and processing their biometric data. Ensure that individuals are fully informed about the purpose, scope, and duration of biometric data processing, as well as any potential risks or sharing with third parties.
- Minimization and storage limitations: Collect and retain only the necessary biometric data needed for intended purposes. Conduct regular reviews and delete biometric data that is no longer necessary, in compliance with the principles of storage limitations.
- Data Masking Techniques: Whenever possible, consider using techniques such as anonymization or pseudonymization to reduce the impact on privacy and minimize the risk of identification.
- Privacy Impact Assessments (PIAs): Conduct PIAs for high-risk manipulation of biometric data, considering their impact on individuals’ privacy, and take measures to mitigate potential risks. PIAs aid in identifying and addressing potential privacy concerns, ensuring GDPR compliance, and fostering privacy-by-design principles.
Recommendations for Data Protection Officers and Privacy Specialists:
For Data Protection Officers (DPOs) and privacy specialists, the following recommendations are worth considering:
- Stay Up-to-Date: Keep abreast of developments in data protection laws and regulations, with a focus on biometric data and emerging technologies. Regularly review guidance provided by data protection authorities to ensure compliance.
- Educate and Train: Provide ongoing education and training to staff members on GDPR requirements, best practices for handling biometric data, and raising awareness about privacy. Foster a culture of privacy and data protection within the organization.
- Monitor Compliance: Regularly monitor and evaluate the handling of biometric data to ensure compliance with GDPR provisions. Establish internal controls, procedures, and mechanisms of accountability to identify and address any compliance gaps.
- Collaborate with Stakeholders: Work closely with legal, IT, and security teams to implement measures that enhance privacy, conduct risk assessments, and address any challenges encountered.
Conclusion:
In conclusion, GDPR compliance is crucial for organizations handling biometric data. We must understand the key principles, establish a lawful basis for processing, uphold data subject rights, and implement appropriate measures. Transparency, informed consent, and privacy impact assessments are vital.
Best practices for GDPR compliance involve conducting data inventories, implementing security measures, and adhering to guidelines for data collection, storage, and processing. We, as data protection officers and privacy specialists, should stay updated, educate employees, and monitor compliance.
By following these best practices and understanding the implications of GDPR, we can protect privacy rights, mitigate risks, and build trust in biometric data handling. Adherence to the GDPR fosters a culture of privacy and demonstrates a commitment to data protection.
At VISTA InfoSec, we provide top-notch GDPR consulting services to help your organization achieve compliance. Our team of experts can guide you through the process and ensure that your organization is fully compliant with GDPR regulations.
