A code to regulate biometrics is being explored by the Privacy Commissioner.

The use of biometric technologies, such as facial recognition or fingerprint recognition, is a matter of interest to privacy regulators around the world, says Privacy Commissioner Michael Webster.

Thanks to the 100 submissions the Office of the Privacy Commissioner received during the review of its biometrics position paper, and analysis of evidence from New Zealand and overseas, we are looking to consult on a Code of Practice for Biometrics in the new year, he said.

“We are really delighted with the way people have engaged with our initial consultation. It shows there’s a real high level of interest out there.”

The Office released a consultation paper on privacy regulation of biometrics in August 2022, as part of a review of existing regulation and testing whether more needed to be done to protect New Zealanders’ privacy.

Many submitters broadly agreed with the Office’s concerns about biometrics. Biometric information is sensitive information which is unique to the individual and difficult to change, so it needs careful protection.

Other concerns focus on risks of discriminatory impacts from the use of biometrics.

“There was particular concern from Māori about the potential for discriminatory impacts.”

Most submitters thought some further regulatory intervention, such as a code or guidance, would be helpful and would provide greater certainty for regulated agencies and better privacy protection.

“It is fair to say there were mixed views on the most appropriate type of intervention, but what was clear is that something more needs to be done.

“The use of biometrics is growing and diversifying. We want to ensure New Zealanders and New Zealand businesses can harness the benefits of this technology, but also be protected from potential harm.

“What happens next is a round of targeted engagement with agencies and people who are interested in this field about what might be in a code.

“The outcome of that engagement will inform my final decision next year on whether to progress with a Code of Practice.”

If the Commissioner does decide the future use of biometrics in New Zealand needs to be regulated through a code, he wants to have the public involved as much as possible in those discussions.

“We will be actively encouraging the public to take part in the consultation period because the use of biometric information will affect us all.

“Advances in technology can offer great benefits, but it’s important the benefits are enabled for all and the public are safe-guarded against risk.”

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