Dáil Éireann Debate, Tuesday - 24 July 2018
2440. Deputy Mick Wallace asked the Minister for Employment Affairs and Social Protection her definition of biometric data; her views on whether this definition is compatible with general data protection regulation, GDPR, EU case law, the advice of the Office of the Data Protection Commissioner and the recommendations of the Article 29 working party. [32576/18]
Amharc ar fhreagraBiometric data, as defined in the GDPR, Article 4. 14, means “personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic [fingerprint] data.”
The GDPR clarifies that the processing of certain personal data, such as photographs, should not systematically be considered as biometric data unless such personal data is processed through a specific technical means allowing the unique identification or authentication of a natural person.
The collection and printing of a simple JPEG image on the Public Service Card (PSC) does not therefore constitute the collection or processing of special category data.
Data Protection legislation refers to Biometric data in its definition of special categories of personal data and then goes on in sections 69 and 207 to define Biometric data in the same terms as the GDPR, that is , data resulting from specific technical processing.
Section 46 of the Data Protection Act provides specific authority for the processing of special categories of personal data (including biometric data) for social welfare and employment Law purposes.
The Department is satisfied that it is compliant with the law and is covered by the current legislative framework including the GDPR, the Social Welfare Consolidation Act, and the Data Protection Act 2018.
