Biometric data are personal data resulting from specific technical processing of physical, physiological or behavioral characteristics of people. Examples include facial images, fingerprints, iris scans, retinal scans and voice recognition. They also include behavioral traits such as the rhythm of typing or signing. Based on these unique characteristics, it is possible to unambiguously identify or authenticate individuals, leading to a wide range of applications - from automatic border controls at airports to access control in organizations.
The use of biometrics goes directly to the heart of privacy protection. Biometrics are traceable to individuals and can reveal sensitivities such as race, health, religion or other personal characteristics. Especially when this data is used for large-scale monitoring or profiling, major risks arise: data breaches or unauthorized use can cause deep breaches of privacy.
The processing of biometric data is in principle prohibited under the General Data Protection Regulation (AVG), unless strict exceptions are met. These include explicit consent of data subjects, vital interests, substantial public interest, or - in the Netherlands - necessity for authentication or security purposes under the AVG Implementation Act. Examples of recent applications are the automatic border controls (e-gates) at Schiphol Airport, where facial recognition is used to verify identities, based on an explicit legal basis.
Important: By 2025, with the advent of the European AI Act, the use of real-time remote biometric identification in publicly accessible places for enforcement purposes is largely prohibited, except in strictly defined emergency situations. AI systems that automatically categorize people based on sensitive biometric characteristics (such as race or religion) are also now prohibited, to prevent discrimination and inappropriate use.
The use of biometrics continues to increase, both publicly and privately. At the same time, the debate about proportionality, effectiveness and ethics of these technologies is growing. New legislation, such as the permanent establishment of certain powers for the use of biometrics in immigration screening, indicates that the legal and social debate continues to evolve.
This combination of technological innovation, strict legal frameworks, and current social debate makes the topic of biometric data more topical and relevant than ever. Insight, careful consideration, and critical reflection on application and regulation are crucial for anyone working with this data or advising on policy.
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