NZ Privacy Commissioner to Publish Draft Biometrics Code in Early 2024

New Zealand’s Privacy Commissioner, Michael Webster, has announced an upcoming consultation on new rules specifically tailored for the management of biometric data. The increasing use of technologies like facial recognition, “retinal scans,” and voice recognition has prompted this initiative, focusing on ensuring the responsible use of biometrics by organizations and businesses.

The Privacy Commissioner emphasized the need for New Zealanders to have confidence and trust in how their biometric data is handled. “Biometrics affects us all,” Webster said, highlighting the unique and often irreplaceable nature of biometric features such as facial characteristics, fingerprints, and voice patterns. The Office plans to issue a biometrics code exposure draft in early 2024, inviting feedback from a broad spectrum of the public, including both experts and everyday consumers.

The draft code is expected to focus on three main areas: proportionality, transparency, and purpose limitation. Firstly, it will require agencies to assess the balance between their reasons for using biometric technologies and the associated privacy intrusions or risks. Secondly, it will enforce transparency and notification obligations, ensuring that agencies are open about their collection and use of biometric information. Lastly, purpose limitations will be introduced to restrict the collection and use of biometric data.

This initiative stems from discussions and feedback received this year, following the development of a discussion document by the Office of the Privacy Commissioner (OPC). The Commissioner noted the importance of developing effective and workable ideas while keeping pace with technological advancements. Feedback from local stakeholders, including significant concerns from Māori communities about bias and discrimination in biometric technologies, played a crucial role in shaping this initiative.

The exposure draft of the biometrics privacy code will be open for public review and commentary in early 2024. The Commissioner stressed the importance of refining the draft to avoid unintended consequences and ensure technical accuracy. This process aligns with the increasing public interest and media coverage of biometrics in 2023, providing an opportunity for the public to voice their opinions on biometric data protection.

Following the public consultation phase, there will be a period of formal code consultation before any biometrics privacy code of practice can be officially issued.

Source: New Zealand Privacy Commissioner

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November 23, 2023 – by the FindBiometrics Editorial Team