NZ Privacy Commissioner Opens Public Consultation on Biometrics Code

New Zealand Privacy Commissioner Michael Webster has initiated a public consultation on a proposed biometrics code aimed at strengthening regulations around high-risk applications while removing a previously suggested prohibition on web-scraping for biometric data collection. This marks a significant evolution from Webster’s initial announcement in late 2023, when his office first indicated plans to develop comprehensive biometric data regulations.

The consultation period remains open until March 14, with the final code expected to be issued later in the year. The draft code introduces enhanced transparency requirements and additional restrictions on intrusive and high-risk biometric applications. A key feature is the implementation of a proportionality test that requires organizations to evaluate the benefits and risks before deploying new biometric systems.

Under the proposed framework, organizations must demonstrate that no reasonable alternatives exist before implementing biometric systems. The code specifically restricts facial recognition technology use for analyzing emotions, mental states, or categorizing individuals based on appearance, political views, or predicted criminal behavior—restrictions that mirror elements of the European Union’s AI Act.

While the previous draft included an explicit ban on web-scraping biometric data from public websites, the new version removes this prohibition. Instead, it maintains existing restrictions on unfair and unreasonably intrusive data collection practices, bringing it more in line with international approaches to biometric data collection.

Webster has released 100 pages of accompanying guidance for agencies implementing biometric systems. “Biometrics needs special protections, especially in specific circumstances,” Webster stated. “The code will help agencies implement the technology, while giving people confidence it’s being done safely and fairly.”

The proposed regulations come as biometric systems see increasing deployment across New Zealand. Current implementations include trials in approximately 30 Foodstuffs supermarkets, where facial recognition technology has generated both support and controversy. The expansion also includes enhanced customs powers for airport border systems, and Internal Affairs’ development of an online verification tool for public service access, which recently passed bias testing requirements.

The draft code reflects international regulatory trends, including the European Union’s AI Act, which prohibits certain biometric categorization systems, particularly those inferring characteristics like race, political opinions, or emotions in workplace and educational environments.

Sources: RNZ

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December 18, 2024 – by Ali Nassar-Smith