In the era where technology is as ubiquitous as the air we breathe, biometric systems have seamlessly woven themselves into the fabric of our daily lives. Imagine if your password was etched into your finger—sounds convenient, right? Well, that is pretty much the scenario with biometric data. If it is compromised, the fallout can be disastrous and permanent. This article delves into the convergence of biometrics and privacy law, shedding light on the current landscape and the challenges that lie ahead.
Imagine breezing through airport security without the hassle of digging through your bag for documents. Instead, a quick glance at a camera and you are through, without any fuss. This is the power of biometric technology; it is efficient, fast and uniquely tailored to individual needs. From using facial recognition for unlocking our smartphones to accessing secured areas with the touch of a finger, biometric technology has promised a future where our bodies, and not our memories hold the key to our most sensitive data. However, as we increasingly rely on these unique identifiers, a critical question surfaces – how safe is our biometric data and what is the cost of this convenience?
Biometric data is information that uses unique and distinctive physical or behavioural characteristics such as fingerprints, voice patterns, facial features, or even iris scans for identification and verification purposes, enabling secure access to buildings, devices and digital accounts. The allure of biometric systems lies in the promise of enhanced security, because unlike password and personal identification numbers (PINs), biometric information is inherently yours and is impossible to forget and outwardly difficult to replicate. This technology is used across various sectors; smartphones have fingerprint sensors to protect personal information, airports have implemented facial recognition to streamline passenger processing, and financial institutions use biometric data for secure transactions. There are endless possibilities with biometrics paving the way for the future.
The qualities of biometric data that make it so appealing are its uniqueness and permanence that also renders it uniquely vulnerable. As opposed to a password, which can be changed if compromised, a fingerprint or iris scan is irreplaceable. This raises stakes in case of a data breach. If biometric data falls into wrong hands, the consequences could be irreparable and far reaching. These risks are not just theoretical, keeping in mind one of India’s largest data breaches where the personal details of over 81.5 crore citizens including Aadhaar and passport information were put on sale in the dark web. The leaked data included names, phone numbers, and addresses, with a sample of 100,000 records already verified for authenticity. The breach had sent shockwaves through India’s cybersecurity landscape. Another instance of such data breach is the 2015 breach of the US Office of personnel management, where fingerprints of more than 5.6 million federal employees were stolen.
As the biometric technology advances, the interplay between privacy and intellectual property (IP) rights has become increasingly crucial. The use of artificial intelligence (AI) that processes this data raises significant privacy and IP issues. Biometric technology can train AI models and once trained, the biometric centred AI model may use new data as input to forecast, categorise or generate output for use in a range of applications and security systems. Patents are frequently utilised to protect the systems and algorithms that process biometric data, leading to a complicated web of ownership and the possibility of legal challenges. Anything from the hardware designs of fingerprint scanners to the software algorithms used for facial recognition can be covered by these patents. For instance, Apple’s Face ID technology is protected by numerous patents reflecting the extensive IP rights associated with biometric-based AI technologies.
With the sensitivity of personal data involved, businesses can face liability for mismanaging this information. Governments worldwide are struggling with the issue of regulating AI and biometric data to protect privacy. While many countries have established data privacy laws, businesses should prepare for evolving regulations by developing clear policies for data collection, usage, and deletion. Although India has not yet provisioned for a comprehensive data privacy law yet, the right to privacy under Article 21 of the Constitution provides a foundation for future data protection legislation. India’s ongoing efforts to create robust data protection laws signal progress toward a more regulated environment for biometric data and technological innovation.
Biometric technology in our daily life offers several benefits in terms of security and convenience. However, it also brings notable privacy concerns which makes regulation and oversight so important. As the biometric technology continues to evolve and shape our lives with unparalleled convenience, the question remains: are we prepared to handle the potential risks? The growing importance of protecting biometric data and ensuring robust legal frameworks around it is crucial. It is essential to strike a balance between these protections, individual rights and the need for transparency. Businesses developing biometric technologies should work closely with legal experts to stay ahead of regulations and safeguard their innovations. The journey towards a future where biometric data is both secure and widely used is underway, but only if it is navigated with vigilance. Balancing the allure of convenience and security together, will define how we harness the powers of biometrics without compromising on our personal integrity.
Authors: Seema Meena & Rea Parikh