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New guidance: ICO publishes draft guidance on data protection law for biometric data

Author: Atom Content Marketing

Published: 01 Oct 2023

Businesses using or considering using biometric data and technologies will welcome a first-phase draft of proposed guidance on the application of data protection law, published by the Information Commissioner’s Office (ICO).

The draft guidance ‘Guidance on Biometric Data’ provides definitions of biometric data, biometric recognition and other basic terminology, and gives examples of ways to use biometric recognition. These include facial recognition, eye (or iris) scanning and voice recognition, which are commonly used for purposes such as identity verification, detecting crime or marketing.

Importantly, it deals with the application of data protection law when using biometric data, which usually amounts to sensitive personal information for data protection purposes, including when an impact assessment is required, when and how consent to using biometric data has to be obtained, and when biometric recognition can be used to make automated decisions about individuals.

Publication of second phase guidance is planned for early 2024.

Operative date

  • Now

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Disclaimer

This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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