GDPR and Biometric Data: Safeguarding Fingerprints, Facial Recognition, and DNA

In an age where technology advances at an unprecedented rate, biometric data has become an integral part of everyday life. From unlocking smartphones with fingerprints to using facial recognition for secure transactions, individuals worldwide rely on these technologies for convenience and security. However, with widespread adoption comes increasing concerns over privacy and data protection. The General Data Protection Regulation (GDPR), implemented by the European Union in 2018, provides a comprehensive legal framework to ensure the security of personal data, including highly sensitive biometric information.

The Nature of Biometrics and Its Growing Importance

Biometric data refers to unique physical or behavioural characteristics that can be used to identify an individual. Common examples include fingerprints, facial recognition patterns, iris scans, voiceprints, and even DNA. The appeal of biometrics lies in the fact that unlike passwords or PIN codes, these identifiers are inherently tied to an individual, offering a higher level of security and protection against fraud.

As businesses and governments continue to adopt biometrics for authentication and verification purposes, concerns about privacy, misuse, and data breaches become more pronounced. While biometrics provide convenience, they also pose unique risks. Unlike passwords, biometric markers cannot be easily changed if compromised. This increases the stakes when it comes to how this data is stored, processed, and protected.

GDPR’s Approach to Protecting Biometric Information

Under GDPR, biometric data is classified as “special category data,” which means it is given additional protection due to its sensitive nature. The regulation defines biometric data as any personal data derived from specific technical processing related to physical, physiological, or behavioural characteristics that allow for identification. This includes fingerprints, facial images processed through recognition software, and genomic data.

Because of its special status, biometric data cannot be processed unless certain strict conditions are met. Organisations that handle such data must establish a lawful basis under GDPR’s Article 9, which outlines exceptions such as explicit consent, public interest, legal requirements, or protection of vital interests. Additionally, organisations must demonstrate that the processing is necessary and proportionate for its intended purpose.

The Importance of Explicit Consent and Its Challenges

One of the primary ways organisations can legally process biometric data under GDPR is through explicit consent. This means that individuals must be fully informed about the data collection, its purpose, storage methods, and potential risks. More importantly, consent must be actively given – silence, pre-ticked boxes, or implied agreement do not meet the standard. Individuals also have the right to withdraw consent at any time.

While explicit consent provides individuals with greater control over their biometric data, it comes with challenges. Many users may not fully understand the implications of sharing such information, especially when dealing with complex technologies like facial recognition or genetic profiling. There is also an inherent power imbalance in some situations, such as in workplaces, where employees may feel compelled to consent to biometric tracking for attendance or security purposes. GDPR mandates that consent should be freely given, meaning any hint of coercion could render it invalid.

Storing and Securing Biometric Data

Given the irreversible nature of biometric identifiers, secure storage is paramount. Under GDPR, organisations must implement strong security measures to prevent unauthorised access, leaks, or breaches. This includes encryption, pseudonymisation, and access controls. Unlike traditional credentials, biometric identifiers should never be stored in plaintext or easily retrievable formats.

One widely recommended approach is to use biometric templates instead of raw data. Biometric templates are mathematical representations of biometric features, making them less vulnerable to theft. When authentication takes place, the system compares the template rather than the raw biometric file, reducing exposure to potential breaches.

Additionally, GDPR encourages organisations to embrace the concept of “privacy by design.” This means that organisations must consider privacy and security at every stage of data collection and processing, rather than as an afterthought. By incorporating robust security measures upfront, the risk of biometric data being mishandled or exploited is significantly reduced.

Biometric Data and Data Subject Rights

GDPR grants individuals strong rights concerning their personal data, including biometric information. These rights empower individuals to take control of their data and ensure it is handled responsibly. Among the most relevant rights associated with biometric data are:

– The Right to Access: Individuals can request information on how their biometric data is being processed, who has access to it, and for what purposes.
– The Right to Rectification: Although biometrics typically do not change, in cases where errors occur (such as misidentification in facial recognition systems), individuals have the right to request corrections.
– The Right to Erasure (Right to Be Forgotten): Individuals can request the deletion of their biometric data, provided that there are no legal requirements necessitating its retention.
– The Right to Restrict Processing: Users can temporarily halt the processing of their biometric data under certain conditions, such as pending verification of its accuracy.
– The Right to Data Portability: Individuals can request that their biometric data be transferred to another service provider when feasible.
– The Right to Object: Where biometric data is processed based on public interest or legitimate interest, data subjects have the right to object to its processing.

Fulfilling these rights can be challenging for organisations, particularly when biometric data is deeply integrated with an organisation’s security infrastructure. However, failure to comply with these requirements can result in significant financial penalties under GDPR, not to mention reputational damage.

Risks of Misuse and the Threat of Biometric Data Breaches

One of the greatest concerns with biometric data processing is the risk of data breaches. Unlike usernames and passwords, which can be reset if compromised, stolen biometric information can pose permanent risks. Once fingerprints or facial recognition patterns are exposed, they can potentially be misused for identity theft, fraud, or mass surveillance.

High-profile breaches have already demonstrated the devastating consequences of biometric data mishandling. In 2019, a biometric database containing over one million fingerprints, facial recognition data, and other sensitive records was discovered unsecured on a publicly accessible server. Incidents like this raise serious questions about whether organisations are taking necessary precautions to secure biometric data effectively.

The Future and Ethical Considerations

As biometric technology continues to evolve, new challenges emerge that go beyond regulatory compliance. Ethical concerns such as mass surveillance, racial or gender bias in facial recognition, and data exploitation by private companies are increasingly debated. There is growing pressure on regulators to strike a balance between technological advancement and fundamental human rights.

Lawmakers and privacy advocates argue that legislation must continue to adapt to ensure biometric data is used in ways that prioritise individual rights rather than exploit them for commercial or governmental gain. Some jurisdictions are already considering stronger restrictions on facial recognition technology, while others advocate for greater transparency in biometric AI decision-making processes.

Ultimately, the responsibility of safeguarding biometric data falls not only on policymakers but also on organisations and individuals. Businesses must prioritise the security of user data, while individuals should remain vigilant about where and how they share their biometric information.

Conclusion

The protection of biometric data under GDPR is a crucial element of modern data privacy laws. While biometric technology offers significant benefits in security and convenience, it also carries inherent risks that must be mitigated through strict regulations and best practices. GDPR provides a robust legal framework to ensure that biometric data is collected, stored, and used responsibly, granting individuals control over their most personal identifiers.

As biometric authentication becomes an everyday necessity, organisations must prioritise compliance and security, ensuring that they not only meet legal obligations but also earn the trust of the individuals they serve. The growing landscape of biometric data requires constant vigilance, ethical considerations, and continued efforts to align technological progress with privacy rights.