Biometric Data and Cybersecurity: Legal Compliance and Protection Strategies

Biometric Data and Cybersecurity: Legal Compliance and Protection Strategies

Biometric data, such as fingerprints, facial recognition, and iris scans, is becoming increasingly common in businesses across many sectors. From enhancing security measures to improving user convenience, biometrics are transforming the way businesses operate. However, as with any form of personal data, there are significant legal implications that come with collecting and storing biometric information.

This blog will explore the legal landscape surrounding biometric data, the potential risks associated with its collection, and how businesses can ensure they meet cybersecurity and privacy requirements.

What Is Biometric Data?

Biometric data refers to any data that relates to an individual’s physical, physiological, or behavioural characteristics. This data can be used to uniquely identify a person. Examples include:

• Fingerprints

• Facial recognition data

• Retina or iris scans

• Voiceprints

• Hand geometry

Unlike passwords or PINs, biometric data is inherently linked to an individual and cannot be easily changed. This makes it both a powerful tool for security and a potential target for cybercriminals.

Legal Implications of Collecting and Storing Biometric Data

The collection and use of biometric data are subject to strict regulations across many jurisdictions. In the UK, businesses must comply with the Data Protection Act 2018, which incorporates the General Data Protection Regulation (GDPR). Under these regulations, biometric data is classified as “special category” data, meaning it requires a higher level of protection.

Key legal requirements include:

• Lawful Basis for Processing: Businesses must have a valid legal reason to collect biometric data. Consent is often required, and it must be informed, specific, and freely given.

• Transparency: Organisations must clearly explain why they are collecting biometric data, how it will be used, and how long it will be retained. This information should be included in a privacy notice.

• Data Minimisation: Only the necessary biometric data should be collected, and it should be used for specific, legitimate purposes.

• Security Measures: As biometric data is highly sensitive, businesses must implement strong security measures to protect it from unauthorised access, theft, or misuse.

• Data Retention: Biometric data should not be retained for longer than necessary. Clear policies should be in place regarding data deletion once it is no longer needed.

Failure to comply with these requirements can result in significant fines and damage to a company’s reputation.

Cybersecurity Risks and Best Practices for Protection

While biometric data offers enhanced security, it also introduces new risks. If biometric data is stolen or compromised, it cannot be reset or reissued like a password, making it extremely valuable to cybercriminals. Therefore, robust cybersecurity measures are essential.

Here are some strategies businesses can implement to protect biometric data:

Encryption: All biometric data should be encrypted both in transit and at rest. Encryption ensures that even if data is intercepted, it cannot be easily accessed or used by attackers.

Multi-Factor Authentication (MFA): Biometric data should be combined with other forms of authentication, such as passwords or tokens, to add an extra layer of security.

Secure Storage: Biometric data should be stored in secure, isolated systems that are not connected to other business networks. This reduces the risk of data breaches.

Regular Security Audits: Conducting regular audits of your systems can help identify vulnerabilities and ensure that your security measures remain effective.

Access Controls: Limit access to biometric data to only those employees who absolutely need it. Implement strong access control measures, such as role-based access and multi-factor authentication.

Incident Response Plans: Have a clear incident response plan in place in case of a data breach. This plan should include steps for notifying affected individuals and reporting the breach to the relevant authorities.

Global Regulations

Beyond the UK’s Data Protection Act, businesses collecting biometric data may need to comply with other international regulations depending on where they operate. For example:

• California Consumer Privacy Act (CCPA): In the US, the CCPA gives California residents the right to know what personal information is being collected, including biometric data. It also provides the right to request deletion of that data.

• Biometric Information Privacy Act (BIPA): Illinois has one of the strictest biometric privacy laws in the US. BIPA requires businesses to obtain written consent before collecting biometric data and includes specific provisions for data retention and destruction.

• Brazil’s LGPD (Lei Geral de Proteção de Dados): Similar to GDPR, Brazil’s data protection law covers biometric data and requires businesses to take specific measures to protect it.

Understanding and complying with these regulations is crucial for businesses that operate across borders.

"Our reliance on biometric data for security is growing, but so are the risks. It's essential that businesses treat this data with the highest level of care, not just to comply with regulations, but to truly protect what can't be replaced—your customers' trust."

Alex Emmerson, MD at Sectech Solutions.

Conclusion

Biometric data presents both opportunities and challenges for businesses. While it can enhance security and improve user experience, it also requires careful handling to comply with legal requirements and protect against cybersecurity threats. Businesses must stay informed about the legal implications and implement strong security measures to ensure the protection of this sensitive data.

At Sectech Solutions, we understand the complexities of handling biometric data. Our team of cybersecurity experts can help your business navigate the legal landscape, implement robust security strategies, and ensure compliance with global regulations. Whether you need assistance with encryption, access controls, or data audits, we’ve got you covered.

Protecting your biometric data is critical—let us help you do it right.

Contact us for more information.