Biometric Data: Privacy Compliance In Practice

Businesses are increasingly adopting biometric technologies for a wide range of uses, from controlling access to digital and physical spaces and verifying identity online, to detecting customer sentiments and estimating user ages on social media sites. This trend brings heightened compliance risks across sectors. Businesses operating in Canada must carefully navigate federal and provincial privacy regimes when implementing biometric systems.

Here are five key compliance practices for organizations that use biometrics:

1. Conduct privacy impact assessments (PIAs). A robust PIA supports compliance by evaluating a biometric system's proportionality, necessity, data flows, security and potential harms, while also documenting mitigation strategies. In Quebec, PIAs are mandatory; elsewhere in Canada, they are considered best practice.
2. Assess necessity and alternatives. While legal requirements vary between jurisdictions, Canadian privacy laws generally only permit the collection and use of biometric data when it's demonstrably necessary in the circumstances. Organizations should establish the necessity of any biometric system prior to adoption and offer alternatives to biometric data collection where possible.
3. Obtain clear and meaningful consent. Because biometric data is typically considered sensitive, organizations are generally required to obtain express consent from the individuals whose biometric data they collect and use. Regulators expect this consent to be upfront, specific and separate from other terms. Organizations must clearly communicate what data is collected, for what purpose, who will have access to it, and any associated risks.
4. Conduct vendor due diligence. Many biometric tools are provided by third-party vendors. It is essential to conduct due diligence before engaging a provider. This includes reviewing the vendor's privacy practices, ensuring adequate security measures, and incorporating contractual terms that address data handling and retention, breach notification, access controls and audit rights.
5. Ensure privacy governance. Organizations should implement robust privacy frameworks that support ongoing compliance. This includes training employees, developing appropriate policies and procedures, performing periodic audits, and updating privacy notices to reflect the use of biometrics. Regulators expect transparency and accountability.

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