The term “biometrics” is often used to refer generally to data from fingerprints, facial scans, keystrokes, gait and physical characteristics. When it comes to guidance, more detailed and precise terms are useful (e.g. raw data, biometric system, biometric templates). Biometric information means the data generated by automated technologies for identifying and verifying unique human morphological, behavioural and biological characteristics.
The Office of the Privacy Commissioner of Canada (OPC) consulted earlier in 2024 on draft guidance for biometrics. While proactive guidance is important and appreciated, we generally caution against restrictive and sweeping statements that could lead to unintended consequences and suggest that each biometric information use case be assessed on a case-by-case basis. The OPC’s biometrics guidance is particularly relevant in light of federal privacy and AI reform Bill C-27 and amendments to its proposed AI law tabled by ISED in late 2023. These amendments specifically listed biometrics information processing as a high impact AI class, one of several classes of AI to which significant requirements would apply should C-27 pass (view more on C-27 amendments).
