Are Biometric Data Protected By Law?

Biometric data, such as fingerprints, iris scans, and facial recognition information, is classified as highly sensitive personal data due to its unique link to an individual’s identity. Because of the potential risks of misuse and privacy violations, biometric data is protected under various data protection and privacy laws globally and increasingly in India. These laws regulate its collection, processing, storage, and sharing, often requiring explicit consent and robust security measures.

Are Biometric Data Protected By Law?

Classification as Sensitive Personal Data:
Most data protection laws, including India’s draft Personal Data Protection Bill and international regulations like GDPR, classify biometric data as sensitive personal data or special category data, deserving heightened protection.

Requirement of Explicit Consent:
Collection and processing of biometric data usually require explicit, informed, and voluntary consent from the individual, ensuring they understand how their data will be used.

Strict Purpose Limitation:
Biometric data must be collected only for specified, legitimate purposes such as identity verification, security, or access control. Use beyond the declared purpose is prohibited without fresh consent.

Security and Storage Safeguards:
Organizations handling biometric data must implement strong technical and organizational security measures like encryption, anonymization, and restricted access to prevent data breaches and unauthorized use.

Legal Accountability and Remedies:
Data controllers and processors can be held legally accountable for misuse, unauthorized disclosure, or failure to protect biometric data. Individuals have rights to access their data, correct inaccuracies, and seek compensation for violations.

Government Regulations:
In India, while a comprehensive biometric data law is awaited, Aadhaar-related regulations under the Aadhaar Act provide specific protections. The Supreme Court’s privacy judgments also reinforce biometric data protection as part of the fundamental right to privacy.

Challenges and Concerns:
Despite protections, concerns remain about mass surveillance, data leaks, and potential misuse by both private and public entities, emphasizing the need for robust laws and enforcement.

Example

Scenario:
A company uses fingerprint scanners for employee attendance.

Steps:

• The company must inform employees and obtain their explicit consent before collecting fingerprint data.
• Biometric data must be stored securely using encryption and not shared without authorization.
• The company can use the data only for attendance verification, not for other unrelated purposes.
• Employees have the right to access their biometric data, request corrections, or withdraw consent if allowed.
• Any breach or misuse of biometric data can be reported to data protection authorities for action.

This example highlights the practical application of biometric data protection laws to everyday use cases.