RightsCon Toronto 2018

Entities all over the world are adopting the use of biometric technology for an array of purposes like identification, electoral registries and policing, amongst others. A significant number of those entities are in states that do not have sufficient data protection laws. This means that this data is collected, is shared and further processed by various public and private entities, without subjecting them to any regulations which normally require them to protect the data throughout its lifecycle and respecting the rights of individuals, amongst other obligations and duties. This enables these actors to evade any sort of accountability and oversight thus denying individuals any access to complaint mechanisms and redress. This context raises grave concerns of abuse and misuse of biometric data which could have adverse negative effects on individuals’ enjoyment of their fundamental rights.

Biometric data is categorized as sensitive information and it is currently being processed in a complete legal and regulatory void. Not only that, it is extremely difficult to find out exactly what is being collected and how it is being stored and shared, particularly by private companies. There is an urgent to adopt and enforce need for practical legal and regulatory frameworks in these regulate and oversee effectively the processing of all data by both public and private actors in their capacities as data controllers and/or processors.

In countries like India, Kenya and even Somaliland, state agencies are collecting biometric data massively for voter registration and other purposes yet the countries lack proper laws on data protection and privacy rights.
In this session, we will bring together international civil society panelists each of whom are in varying stages of researching on the use of biometrics in their jurisdictions, the risks data subjects are exposed to due to lack of legal framework and proposed solutions in getting data protection laws finally being legislated or enforced. The panelists will to identify and share the motivations of the adoption of biometric technologies in their jurisdictions such as fool proof electoral systems and national identification programs, the legal, cultural and ethical issues that arise; and what they think will be the best way forward lobbying and pushing for legislation of a data protection law. The panelists will also exchange ideas, share lessons learned and, in collaboration with active participants in the audience, work toward addressing the issue of use of biometric data and data protection mechanisms.