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The Office of the Privacy Commissioner of Canada (OPC) is seeking input to update its guidance on handling biometric information for both public and private sector organizations. The OPC is releasing two draft guidance documents, one addressing risks under the Canadian federal private sector privacy law (PIPEDA) and the other pertaining to the Privacy Act, which governs how federal institutions handle personal information. The guidance aims to help organizations ensure the use of biometric technologies, such as facial recognition, voice identification, and fingerprinting, in a privacy-protective way. Stakeholders are invited to provide feedback by January 12, 2024, through the OPC's consultation and call for comments process.

Privacy Commissioner seeks input on draft biometrics guidance documents

October 11, 2023

The Office of the Privacy Commissioner of Canada (OPC) is seeking input to update guidance for organizations related to handling biometric information for both public and private sector organizations.

Since the OPC’s existing guidance on biometrics was published in 2011, technologies such as fingerprinting, voice identification, facial recognition and even new uses for genetic data have evolved significantly.

“From police use of facial recognition technology to a telecommunications company that did not obtain consent for its voiceprint authentication program, the use of biometrics is surfacing more frequently in our investigative work,” Commissioner Philippe Dufresne says.

“This field is growing at a rapid pace and we recognize the need for guidance to help organizations ensure that they use these technologies in a privacy protective way. This is why we are now reaching out to stakeholders, including the public, for input.”

To that end, the OPC is releasing two draft guidance documents – one of which addresses risks under the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s federal private sector privacy law, while the other pertains to the Privacy Act,which governs how federal institutions handle personal information.

Stakeholders are invited to provide feedback by January 12, 2024.

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Summary

The Office of the Privacy Commissioner of Canada (OPC) is seeking input from stakeholders, including the public, to update its guidance on handling biometric information for both public and private sector organizations. The OPC’s existing guidance on biometrics, published in 2011, has become outdated with the rapid evolution of biometric technologies such as fingerprinting, voice identification, facial recognition, and new uses for genetic data.

Commissioner Philippe Dufresne emphasized the importance of guiding organizations to use biometric technologies in a privacy-protective way, citing recent examples of biometric use in OPC’s investigative work, including police use of facial recognition technology and a telecommunications company’s voiceprint authentication program without obtaining consent.

To address the need for updated guidance, the OPC is releasing two draft guidance documents:

1. Draft Guidance for processing biometrics u00e2u20acu201c for organizations, which addresses risks under the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s federal private sector privacy law.
2. Draft Guidance for processing biometrics u00e2u20acu201c for public institutions, which pertains to the Privacy Act, governing how federal institutions handle personal information.

Stakeholders are invited to provide feedback on the draft guidance documents by January 12, 2024. The OPC aims to ensure that organizations handle biometric information in a way that respects individuals’ privacy and maintaining public trust.

Office of the Privacy Commissioner of Canada

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