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As businesses increasingly adopt advanced technologies such as facial recognition tools, understanding the meaning of ‘biometric data’ and its significance under the UK General Data Protection Regulation (UK GDPR) is crucial for compliance. This article will explore biometric data and some critical privacy rules to consider when using this type of information in your business.
Why is UK GDPR Compliance Important?
Compliance with the UK GDPR is vital for any business processing personal data. Non-compliance with this law can result in severe penalties, including fines of up to £17.5 million or 4% of annual global turnover. Data breaches can also damage a company’s reputation and customer trust.
Taking measures and steps to work towards compliance with this crucial law will help enhance your business’s credibility at a time when data privacy is increasingly important globally.
What Is Biometric Data?
This form of data is personal data resulting from specific technical processing relating to physical, physiological, or behavioural characteristics that allow or confirm an individual’s unique identification. This data can include fingerprints, facial recognition, iris scans, voice recognition, and DNA. Under the UK GDPR, biometric data is classified as a ‘special category’ of personal data when used to uniquely identify an individual, making it subject to stricter processing conditions and rules due to its sensitivity.
Given how biometric data is used in practice, it will usually be deemed special category data.
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What Is a Practical Example of Biometric Data?
Companies increasingly use biometric data in various business settings for security and identification purposes. For example, a workplace might use fingerprint or facial recognition systems to control staff access to secure areas within a building.
When collecting biometric data, it is essential to inform individuals about the purpose and obtain their explicit consent where necessary.
What Are Some Key Compliance Requirements When Handling Biometric Data?
Your business must follow critical rules to comply with the UK GDPR when handling biometric data.
Processing this type of data gives rise to various complex legal rules, which we will explore below.
Having a Lawful Basis and Condition for Processing
You must ensure a valid lawful basis and a separate condition for processing biometric data, which is classed as special category data, and document this appropriately.
The UK GDPR sets out several conditions for processing personal data. However, explicit consent is commonly the most appropriate basis for businesses to process this type of data. Consent must be informed, freely given, and documented and can be challenging to obtain in practice.
This factsheet sets out how your business can become GDPR compliant.
Explicit consent is often the most appropriate basis, but other conditions might apply depending on the context. Such conditions would be subject to strict justification. If you need support in considering the appropriate conditions for processing biometrics, you should seek legal advice from a data protection lawyer, as this area is highly complex.
Conducting Data Protection Impact Assessments (DPIAs)
You should conduct DPIAs to assess and mitigate privacy risks associated with biometric data processing. DPIAs are needed where processing is likely to result in high risk to individuals, which can often be risky when processing biometric data.
DPIAs will help identify potential risks and implement measures to minimise them. For example, imagine your business plans to use biometric data for a new security-related system. In that case, a DPIA will help you understand the privacy risks and take steps to protect personal data adequately. For instance, a DPIA for a new biometric system you propose to use should consider risks such as unauthorised access and how you can prevent this.
Implementing Robust Security Measures
You should remember that strong protections for biometric data are mandatory. Encryption, pseudonymisation, and access controls could be used to safeguard biometric data. Your business must also regularly update and assess security measures. For example, if your company uses facial recognition for access control, ensure the data is encrypted and only give access to authorised staff.
These are a few critical issues regarding using biometric data under the UK GDPR. However, this is a highly complex topic with several rules you may need to follow, and seeking professional legal advice from a data protection lawyer is vital to ensure full compliance. The critical point to note is that several additional UK GDPR rules may apply when you use biometric data, and you should approach this processing cautiously.
Why Is Legal Advice Important?
Compliance with the UK GDPR requires businesses to follow stringent rules. Due to the complexity and sensitivity of biometric data, legal advice is essential. Several rules could apply to your business, depending on your specific use of biometric data. You must understand these rules and comply with them.
Data protection lawyers can help you develop UK GDPR-compliant biometric data policies, guide your businesses through conducting DPIAs, and ensure any consent mechanisms meet the required standards. They can also advise you on implementing robust security practices to protect this type of data and any other necessary compliance actions.
Getting this right and ensuring your processing activities regarding biometric data comply with the UK GDPR is vital. If not, your business could face severe negative consequences, including fines and other enforcement action.
Key Takeaways
Biometric data (such as fingerprints and facial recognition) is a form of personal data under the UK GDPR. This type of data use requires careful consideration and a range of UK GDPR compliance measures. For instance, there is a need to conduct a DPIA to assess the risks of this type of processing. Understanding and complying with the legal requirements is crucial for businesses processing biometric data. Legal advice can provide valuable support in navigating the complex requirements around biometric data and help your business comply with mandatory legal rules.
If you need legal advice on using biometric data, contact LegalVision’s experienced data, privacy and IT lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
1. Why is biometric data considered sensitive under the UK GDPR?
Biometric data is sensitive since it uniquely identifies individuals and is inherently linked to them. Its misuse can lead to significant privacy and security risks. This sensitivity warrants stricter compliance measures under the UK GDPR to protect individuals.
2. What are examples of biometric data?
Examples of biometric data include fingerprints, facial recognition, iris scans, voice recognition, and DNA.
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