Enabling Benefits and Safe Uses of Biometric Technology Through Risk-Based Regulations

Biometric technologies have emerged as important tools for security, safety, convenience and accessibility. Many of the use cases enabled by biometric technologies are of unquestionable benefit to businesses, individuals, and society, particularly when combined with other emerging technologies such as artificial intelligence, machine learning, and privacy-enhancing technologies.

However, certain applications can present challenges and risks with respect to ethics, privacy, and civil rights, and they can raise technical questions concerning reliability, accuracy, and security. For these reasons, the use of biometric technologies – and facial recognition technology in particular – has captured the attention of many regulators and lawmakers around the world. Some are calling for outright bans on certain uses of biometric technologies, while others are exploring possible frameworks and laws to ensure the development and deployment of such technologies in a responsible manner.

This report explores various real-world applications of biometric technologies as well as the benefits and risks they can present. It examines the global legal landscape and trends for regulating these technologies, and we urge implementation of a risk-based approach for their regulation and governance.

CIPL’s research supports the adoption of a more consistent definition of biometric data and technologies and the establishment of appropriate obligations in accordance with the risk level. Like other emerging technology and data protection areas, a risk-based approach enables targeted and relevant mitigations, transparency, accountability, and redress, while facilitating important and beneficial uses of biometric technologies.

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