Anonymised respondent (employer)
Biometrics determination; s.20 referral subject to conditions. DPO, 16 May 2014.
The facts
The complainant was dismissed after refusing to provide her fingerprint for attendance recording. Drawing on European data protection doctrine and case law on biometric data, the Commissioner reasoned that fingerprints carry high privacy risk through identity fraud, purpose diversion and data breaches, that a biometric system must be necessary, effective and proportionate rather than merely convenient, and that private employers enjoy no lesser duty than the state when processing fingerprints.
Orders and outcome
Prosecution was advised against the respondent, the evidence establishing beyond reasonable doubt that the complainant was justified in withholding consent, and the police referral was made subject to the same issue pending on appeal before the ICT Tribunal and, if required, the Supreme Court. Dated 16.05.14 per the document.
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