Amendment 313· Digital Omnibus proposal Recital 34

Biometric data, as defined in Article 4(14) of Regulation (EU) 2016/679, means processing of certain characteristics of a natural person through a specific technical means and which allows or confirms the unique identification of that person. The notion of biometric data includes two distinct functions, namely the identification of a natural person or the verification (also called authentication) of his or her claimed identity, both of which rely on different technical processes. The identification process is based on a ‘one-to-many’ search of the data subject’s biometric data in a database, while the verification process is based on a ‘one-to-one’ comparison of biometric data provided by the data subject, who is thereby claiming his or her identity. Derogating from the prohibition to process biometric data under Article 9(1) of the Regulation should also be allowed where the verification of the claimed identity of the data subject is necessary for a purpose pursued by the controller, and suitable safeguards apply to enable the data subject to have sole control of the verification process. For example, where the biometric data are securely stored solely at the side of the data subject or are securely stored at the side of the controller in a state-of-the-art encrypted form and the encryption key or equivalent means is held solely by the data subject, that processing is not likely to create significant risks to his or her fundamental rights and freedoms. The controller does not gain knowledge of the biometric data or only for a very limited time during the verification process.

Processing of biometric data, as defined in Article 4(14) of Regulation (EU) 2016/679, means processing of certain characteristics of a natural person through a specific technical means and which allows or confirms the unique identification of that person. Processing of biometric data could be carried out for two distinct functions, namely the identification of a natural person or the verification (also called ‘authentication’) of his or her claimed identity, both of which rely on different technical processes. The identification process is based on a ‘one-to-many’ search of the data subject’s biometric data in a database, while the verification process is based on a ‘one-to-one’ comparison of biometric data provided by the data subject, who is thereby claiming his or her identity. Derogating from the prohibition to process biometric data under Article 9(1) of Regulation (EU) 2016/679 should be allowed where the verification of the claimed identity of the data subject is necessary for a purpose pursued by the controller and, where applicable, safeguards laid down in Union law or national law adopted in accordance with Article 9(4) of Regulation (EU) 2016/679. The controller should choose from equally effective means the less intrusive one. The processing of biometric data for identity verification should therefore only be used where necessary and proportionate and subject to appropriate safeguards. For example, such safeguards could include technical and organisational measures ensuring that original biometric samples of the data subject cannot be reconstructed from the template stored on a device or a database.

For the purposes of this Regulation, biometric identification should be understood as the processing of biometric data through comparison against a database intended to determine the identity of a natural person, whereas biometric verification refers to a one-to-one comparison used solely to confirm a claimed identity. This derogation should apply where suitable safeguards apply to ensure that the biometric data or the means needed for the verification are under the sole control of the data subject. Sole control means that the data subject can effectively decide when his or her biometric data are used for verification, without the controller having the technical capacity to access such biometric data in decrypted form or process them outside the strictly limited comparison process necessary for verification. For example, this is the case where the biometric data are securely stored solely at the device of the data subject or are securely stored by the controller in a state-of-the-art encrypted form and the encryption key or equivalent means is securely held solely by the data subject, and subject to measures ensuring the overall security of processing, including during the enrolment phase of data subject’s biometric data and during the verification process. Such verification may in particular be required in the context of electronic identification systems and trust services under Union law. Other examples of appropriate safeguards are ensuring that end-to-end encryption is used when data are transmitted over a communication channel and providing data subjects with the possibility to securely erase their biometric data at any time.