Gianclaudio Malgieri, Associate Professor of Law and Technology at Leiden University, has been appointed Co-Rapporteur for the American Law Institute (ALI) and European Law Institute (ELI)’s new joint initiative, “Principles for the Governance of Biometrics”. The multi-year project aims to develop harmonized legal and ethical principles for biometric technologies across jurisdictions.
Collaborative Governance Effort for Global Biometrics
The appointment reflects growing international recognition of the need for clear frameworks governing biometric systems. Malgieri will work alongside Professor Nita Farahany of Duke University as Co-Reporters for the initiative. The project is co-chaired by Lord John Thomas (UK) and Steven O. Weise (US), and will run through 2028, producing a set of principles intended to guide lawmakers, regulators, and corporate stakeholders.
The ALI–ELI project seeks to address the complex legal, ethical, and societal challenges posed by biometric technologies such as facial recognition, fingerprint scanning, iris recognition, and emerging modalities. It will focus on developing standards that promote transparency, user consent, fairness, and safeguards against discriminatory practices, while remaining adaptable across different legal systems.
Context: AI Regulation and the Push for Standards
The initiative comes amid heightened legislative activity concerning biometric and AI technologies. The European Union’s Artificial Intelligence Act, adopted in 2025, imposes new limits on the use of biometric identification in public spaces. Meanwhile, the Council of Europe’s AI Treaty aims to establish human-rights-based norms that also touch on biometric deployments. In the UK, police use of facial recognition continues to be scrutinized, with the Ada Lovelace Institute recently calling for stricter oversight.
In this context, the ALI–ELI biometrics project seeks to bridge regulatory gaps and support consistency in how biometric technologies are governed. While not legally binding, the final “Principles” volume, expected by 2027 or 2028, will offer a comprehensive reference that legislators, courts, and companies can draw upon when developing laws, procurement policies, or industry standards. Malgieri’s role will involve facilitating transatlantic dialogue and coordinating interdisciplinary input from legal scholars, technologists, and policy experts worldwide.
This project builds on previous ALI–ELI collaborations such as the 2021 “Principles for a Data Economy”, which have already been cited by regulatory bodies in both the U.S. and Europe. By applying this collaborative model to biometrics, the institutes hope to influence how governments and institutions approach technologies that increasingly shape identity verification, surveillance, and access control.
Source: Leiden University News
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June 6, 2025 – by Cass Kennedy
