Kiwis asked to have their say on new draft rules for using biometrics

Kiwis asked to have their say on new draft rules for using biometrics

The Office of the Privacy Commissioner has developed draft rules for the use of biometric technologies and is now asking what people think of those

Biometrics is the automated processing of physical and behavioural characteristics (face scans, fingerprint scans, voice recordings) that can be used to identify individuals or work out things about them.

New Zealand doesn’t currently have special rules for biometric technologies.

“The Privacy Act 2020 regulates the use of personal information in New Zealand (and therefore biometrics), but we think biometrics need special protections especially in specific circumstances,” says Privacy Commissioner Michael Webster.

“Biometrics are fundamental to who a person is; they’re a very special type of personal information.

“Biometrics can be used to surveil and monitor large numbers of people or identify people on a watchlist and some of their uses are so highly intrusive that they shouldn’t be used lightly.

“In addition, they can be used for activities like predicting

your emotions, monitoring your reactions, inferring your health status, or categorising you. My office has drafted additional rules that New Zealand organisations would need to follow if they were using biometric technologies and we’re keen to know whether New Zealanders agree with what we’ve drafted.”

The full exposure draft of a biometrics code and a consultation document can be found at privacy.org.nz

It asks people to consider questions like:

1. How should agencies have to demonstrate that the benefits outweigh the risks of biometrics before using them? (proportionality)

2. How and what should people be told when their biometrics are being collected? (transparency)

3. What are some things that biometrics should not be used for? (limitations)

Biometrics can have major benefits, including convenience, efficiency, and security. However, it can also create significant risks, including risks relating to surveillance and profiling, lack of transparency and control, and accuracy, bias, and discrimination.

People will likely be familiar with some aspects of biometric technology, like using face scans to open their phones.

“The use of biometrics is growing and diversifying, and I want to ensure New Zealanders and New Zealand businesses that they can harness the benefits of this technology, but also be protected from potential harm,” says Webster.

“We need to embrace technological advancement, but it’s vitally important to me that we also do the research, thinking, and planning that keeps people safe and protects their right to privacy.”

The Privacy Commissioner is currently analysing submissions received on the exposure draft. There will need to be a further period of formal code consultation before any biometrics code of practice can be issued. If you would like to be notified when the Privacy Commissioner announces his decision, contact biometrics@privacy.org.nz.