Unique Human Identification under the GDPR Article 9 (1) (2)

Abstract


 
 
 The rapid development of information technology has exacerbated the need for robust personal data protection safeguarded by the European Union instrument. Safeguarding a fundamental right to data protection entails new and significant challenges as technological advances expand the frontier of data processing. The large-scale employment of digital biometric technology has shaken the private sector. Biometric data processing already became crucial for a person’s unique identification in the private sector and posed a risk to the unique characteristics of a human being. The research seeks to study the recent defining biometric data and automatizing processing as legally established categories under GDPR Article 9 (1) (2) when the subject and object of the processing are uncertain. The study calls to protect a person from whom unique human data is extracted and finds a way to protect biometric characteristics based on its differentiation form defined in the studied article’s else special categories of personal data. To this end, the studied article assumes a natural person, but it is used only in the context of the finality of processing. Therefore, there are possible prior risks for the process and after processing that shall be defined and mitigated under the high level of legal protection. In this regard, a study thinks unique characteristics of human origin shall be carried in the legal field by having clearly defined status, preservation measures regardless of biometric nature, and finding a solution for a biometric data subject to control automotive employment as the Personal Information Management System in the EU does.