Expert says no need for Govt's new biometrics rules plan

May 5, 2024

Expert says no need for Govt's new biometrics rules plan

Biometrics is in our daily life used on our everyday devices like mobile phones. Photo: Johanne Jørgensen

A government proposal for new regulations around biometrics amid public fears of its surveillance potential is just not needed, says a leading expert.

And asking the public and others for their feedback is also problematic due to levels of understanding, says biometrics expert Graeme Prentice from NEC New Zealand, world leaders in facial recognition software.

Biometrics are already part of the Privacy Act 2020, but the government is proposing companies have stricter controls over their needs to collect such data.

This includes preventing the collection of data based on emotion or race, along with greater transparency on how biometrics are used.

Prentice says the new regulation is not necessary and it would be better to define biometrics in the Privacy Act.

“It should be covered by the privacy rules and regulations. It may just need some definition about privacy regulation concerning facial images. I struggle to see how you treat some things differently from a privacy perspective.”

He points out, that the proposition only takes the bad cases into consideration, and as a result the rules are not streamlined, which is the case for the other privacy rules.

The Office of the Privacy Commissioner is asking for the publics and companies concerned about biometrics to share their opinion on the proposal which can be submitted by emailing biometrics@privacy.org.nz before May 8.

The Privacy Act regulates the use of personal infomation in New Zealand which includes biometrics, said Privacy Commissioner Michael Webster in a press release.

"But we think biometrics need special protections especially in specific circumstances.

"Biometrics are fundamental to who a person is; they’re a very special type of personal information.”

Prentice says while it is important the public is able to express their opinion, in this case he is concerned that the general public is not educated enough in biometrics form an opinion on the proposed changes, since it is still new technology.

He highlights the idea that China uses it to control people is often an interpretation of security risks of biometrics, but emphasises this is not true.

He's also concerned the timeframe has not been long enough for some departments to come up with their opinion, especially those within the government, which uses biometrics.

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