Biometric data and their legal regime Cover Image

Biometrické údaje a jejich právní režim
Biometric data and their legal regime

Author(s): Ján Matejka, Alžběta Krausová, Vojen Güttler
Subject(s): Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
Published by: Masarykova univerzita nakladatelství
Keywords: Biometrics; biometric data; personal data; sensitive personal data; privacy; identification; verification; personality protection; GDPR; biometric signature; travel documents;

Summary/Abstract: One of the most typical obstacles that impede further development in use of modern ICT tools in law is absence of efficient and reliable instruments enabling identification or authentication of users of respective information society services. These verification instruments usually have a form of something that a person possesses (for instance USB token), or something that a person knows (typically login data), or something that a person is (i.e. biometric characteristic). The last of the mentioned instruments is becoming increasingly important in modern technologies due to its practicality (availability and permanence). However, biometric data also represent a special and privileged category of personal data and its use is strongly limited by public laws. There is certainly a conflict between a public interest (or even an interest of individuals) on processing biometric data on one hand and a number of other rights, including the right to privacy, on the other hand. The aim of this paper is to provide an overview of the current Czech legislation that regulates processing biometric data for various purposes. The paper also focuses on possible use of biometric means in the area of public as well as private law. The paper describes individual legal regimes of processing this special category of data while attempting to identify exiting legal limitations as well as conflicts of related regimes of processing that stem from Czech and European laws.

  • Issue Year: 9/2018
  • Issue No: 17
  • Page Range: 91-129
  • Page Count: 39
  • Language: Czech