In today’s digital landscape, biometric technologies are gaining momentum in the workspace, promising enhanced security and streamlined access.
From fingerprint scanners to facial recognition, these systems are revolutionising how we secure sensitive areas and authenticate identities. Although biometric technologies provide benefits to organisations, they also create room for further risk with regard to potential data breaches.
Unlike a password that can be reset, compromised biometric data is permanent. Moreover, these systems are not foolproof; they can produce false positives and negatives, raising questions about reliability. Furthermore, processing biometric data can infringe on the privacy of employees, customers, and visitors.
UK GDPR compliances
Organisations are required to comply with stringent data protection laws, notably the UK GDPR. This framework imposes rigorous requirements for processing biometric data, classified as ‘special category data’ under the GDPR. This classification necessitates explicit consent for the processing of biometric data (Article 9(2)(a) UK GDPR).
A challenge presented by Article 9(2) UK GDPR is that organisations are required to evidence that the explicit consent has been “freely given” by the individual. This can be difficult to establish due to the power imbalance that exists between employers and employees, as employees may fear repercussions for refusing consent. Therefore, to address this concern, organisations must ensure that employees have genuine choices regarding biometric data processing.
For instance, an employer could offer employees the option of using a biometric security system or a traditional swipe card system. By providing clear information about both options and allowing employees to choose, the organisation can better ensure that consent is valid and informed.
In addition to obtaining consent, organisations must implement GDPR compliance measures when processing biometric data. This includes:
- Data protection by design: Incorporating privacy measures into the development of biometric systems;
- Data security: Ensuring that biometric data is stored securely to mitigate breach risks;
- Data subject rights: Facilitating employees’ rights to access, rectify, and withdraw consent concerning their biometric data.
Organisations may also be required to undertake Data Protection Impact Assessments (DPIAs), to evaluate risks and ensure compliance when implementing new biometric technologies.
Comment
The integration of biometric technologies into the workplace offers numerous benefits, but it also presents significant data protection challenges. Organisations must tread carefully, ensuring they have appropriate consent mechanisms and compliance measures in place. By staying informed about evolving regulations and implementing robust data protection practices, organisations can harness the advantages of biometric technologies while safeguarding the privacy and rights of employees.
As the landscape of data protection continues to evolve, businesses must be proactive in adapting their compliance strategies to meet these emerging challenges. Balancing security and privacy will be key to successfully navigating the complexities of data protection in an increasingly biometric world.
How can we help?
Amrik Basra is a Trainee Solicitor in our Private Litigation team.
At Nelsons, our team specialises in these types of disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
If you have concerns about the above subject, please contact Amrik or a member of our expert Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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