Biometric Compliance involves the rules for processing biometric data and is one of the strictly regulated areas in Georgia. Biometric data (facial images, fingerprints, iris scans, voice) are classified as "special category" data. Their processing is permitted only in exceptional cases and with adherence to the highest security standards. Companies using Face ID systems for attendance, or banks identifying clients via biometrics, are required to follow a range of procedural and technical requirements. With the enactment of the new "Law on Personal Data Protection," violations of these rules lead to huge fines, posing a serious risk to businesses.
The Biometric Compliance service includes preparing an organization fully for the lawful processing of biometric data. The service covers:
- Establishing Legal Grounds: Analyzing whether the company has the right to process biometrics (e.g., is it "strictly necessary" for security, or is there written consent).
- Data Protection Impact Assessment (DPIA): Preparing a DPIA document, which is mandatory when processing high-risk data.
- Drafting Consent Forms: Preparing texts for the subject's informed, voluntary, and explicit consent.
- Security Policy: Writing procedures for the storage, encryption, and access control of biometric data.
- Liaison with the Inspector: Consulting with the Personal Data Protection Service and defending interests during inspections.
The real-world risks are significant. For example, a gym uses fingerprints for entry control. If a client has no alternative (e.g., card entry) and is forced to provide a fingerprint, this is a violation because the consent is not "voluntary." Another example: A company records employee attendance with facial recognition cameras. According to the practice of the Data Protection Service, this is often considered disproportionate interference, as the same goal can be achieved with a card. A third case: An app requests a selfie for identification. Where is this photo stored? Is it shared with third parties? If this is not transparent, the company will be fined.
The legal framework is based on the Law of Georgia on Personal Data Protection. Articles 5 and 6 of the Law define the grounds for processing special category data. It is also important that biometric data processing is allowed only if the goal cannot be achieved by other, less intrusive means (principle of proportionality). The decisions and recommendations of the Data Protection Service create a practice that is essential to know.
As part of the service, specialists conduct an audit: where biometrics are collected, how they are stored (locally or in the cloud), who has access, and how long they are kept. A "Data Deletion Policy" is developed because once the purpose is achieved (e.g., employee termination), the data must be immediately destroyed. This process ensures the company avoids scandals and financial sanctions.
Legal.ge gives you access to certified data protection officers and lawyers. Biometrics is the technology of the future, but it requires the highest level of responsibility. Do not make mistakes in this sensitive area—consult with Legal.ge experts and turn compliance into your competitive advantage.
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