Biometric systems will soon assign keys, PINS and photo cards to the history books as they become more widely used, and employers should be aware of the legal issues surrounding the use of Biometric data.

Physical features unique to an individual such as fingerprints, facial features and iris patterns can now be captured, recorded and digitized, it is then known as biometric data. A lot of the technology is still in the development stage, but their are many systems that use biometrics already on the market.

The United States has introduced a visa waiver programme, and 27 countries including the United Kingdom have agreed to implement the programme which requires that all passports contain a scannable chip, upon which the passport holders personnel details are placed as well as a digital photograph or other biometric identifier.

All UK passports will soon have to contain biometric data embedded in a microchip and all UK airports and ports will be using iris scanning technology at 141 locations nationwide.

Biometrics do promise a very high degree of accuracy and reliability and are very secure being virtually impossible to duplicate. An employee can forget their pin number or photo card but he or she will always carry with them their biometric feature which is unique to them alone.

Biometric systems use one of two methods, verification where the biometric data is looked up and compared to a record after a PIN code is entered or a card swiped, or identification where no PIN or card is required, the person places their finger onto a scanner all the records are checked and if the fingerprint is contained in the database the person is allowed access or logged as clocked out or in.

 

The Human Rights Act states that we are all entitled to respect for our private life, private life includes time spent in our place of work. The Data protection Act does control the way biometric data is used and requires that biometric data is only used for the specific purpose it was required for and each person must be informed why the information is required and how it will be used when they agree to hand over the data. Two principles must take precedence here proportionality which means that a persons biometric data can only be used if the reason for it's use can be justified. This means that a balance between the persons rights and the Companies rights must be shown and the benefits to both. The other area is transparency in which you must make it clear why the data is required and how it will be taken. You must not go beyond this at any time in the future without both parties agreeing beforehand. The purpose of the biometric scheme must be made absolutely clear at the outset. Employers must also indicate whether it is voluntary or compulsory, if it is compulsory it must be made clear if there are any implications or penalties for refusing to take part, this can also be tackled at the job interview stage.

 

Security of the biometric data is very important and must be considered by the Company who are in possession of the data and safeguards put in place to ensure the data is not used for any reasons other than the ones agreed upon. The public at large are suspicious of biometrics but increasingly will come to accept them, especially in the areas of gaining entry to buildings and other access control situations where security is important.

 

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