Legal scholars developing guidance for biometrics legislation

Two law institutes, one from Europe and one from the United States, launched a new collaborative project focusing on the ethical and legal implications of collecting and using biometric data.

Initiated by the Philadelphia-based American Law Institute (ALI) and the Vienna-headquartered European Law Institute (ELI), the main task of the project is defining a legal framework aimed at regulators working in different democratic countries.

The move comes at a crucial time for regulating artificial intelligence and biometric data on both side of the Atlantic. This year, the European Union finally launched its AI Act, while U.S. agencies have been developing AI guidelines and debating uses such as facial recognition.

The project, titled Principles for the Governance of Biometrics, has four initial goals.

“First, the project will define key terms and develop a classification system for biometric systems, technologies, and data,” says Nita Farahany, a professor at Duke Law School and the American Law Institute’s main project representative.

The second task of the project will be to examine technologies technologies and systems used to collect and process biometric data while the third phase will include evaluating the benefits and harms of biometric technologies, considering their impact on society.

“Finally, we will consider the legal frameworks governing data, AI, and related technologies in Europe, the United Kingdom, and the United States, in order to identify any gaps or inconsistencies,” adds Farahany.

Farahany will be joined by Karen Yeung, a representative from the European Law Institute. Yeung is a professorial fellow at the University of Birmingham’s School of Computer Science.

The Principles for the Governance of Biometrics will also analyze what is unique about different categories of biometric data, technologies, or inferences.

“For example, is biodata, from an ethical point of view, distinct from other forms of ‘sensitive’ data?,” adds Farahany. “Are there inherent issues with the collection and use of cognitive biometric data that require special consideration in particular contexts such as employment, advertising, or health – for example, due to their unique connection to the human body, or their potential to involuntarily reveal information?”

Article Topics

biometric data  |  biometric identifiers  |  biometrics  |  ethics  |  Europe  |  Principles for the Governance of Biometrics  |  regulation  |  UK  |  United States