Final

Abstract

The present report reviews the fundamental right to privacy and data protection which shall be assured to individuals and the Directive 95/46/EC which provides more detailed rules on how to establish protection in the case of biometric data processing. The present framework does not seem apt to cope with all issues and problems raised by biometric applications. The limited recent case law of the European Court of Human Rights and the Court of Justice sheds some light on some relevant issues, but does not answer all questions. The report provides an analysis of the use of biometric data and the applicable current legal framework in six countries. The research demonstrates that in various countries, position is taken against the central storage of biometric data because of the various additional risks such storage entails. Furthermore, some countries stress the risks of the use of biometric characteristics which leave traces (such as e.g., fingerprint, face, voice…). In general, controllers of biometric applications receive limited clear guidance as to how implement biometric applications. Because of conflicting approaches, general recommendations are made in this report with regard to the regulation of central storage of biometric data and various other aspects, including the need for transparency of biometric systems