Biometric technology has revolutionized the way companies operate in areas such as health, safety at work, authentication and management of sensitive information. However, with great power comes great responsibility — and in this case, the main one is ensuring compliance with legislation, especially when it involves law and biometrics.
The use of biometrics, by its very nature, involves the processing of extremely sensitive data. Whether in access control to environments, authentication in digital systems or even in recruitment processes, the storage and processing of biometric data requires a high level of security and attention.
For managers and business owners, the challenge goes beyond implementing the technology: it is necessary to deeply understand the legal obligations, associated risks and good practices to protect customer and employee information.
Many companies still have doubts about how to align their internal processes with the LGPD while enjoying the benefits of biometrics. That’s where this article comes in. Here, you will find a detailed step-by-step guide to understanding the relationship between the law and biometrics and how to adjust your company to meet legal requirements without compromising efficiency or innovation.
The goal is not only to avoid legal penalties, but also to build a relationship of trust with your stakeholders, demonstrating that your organization values privacy and security.
We’ll cover everything from the legal foundations to the practical implementation of measures to ensure compliance. If you’re considering or already using biometric technologies, this guide is essential for your business to move forward safely and responsibly.
What is LGPD and its relationship with biometric data?
A General Law on Data Protection (LGPD), sanctioned in 2018 and in force since 2020, brought about a new era in the way companies and institutions treat personal data in Brazil.
Inspired by international legislation such as the European Union's General Data Protection Regulation (GDPR), the LGPD establishes clear guidelines on how data should be collected, stored and used. Its main objective is to guarantee the privacy and security of individuals, promoting greater control over their personal information.
Biometric data is highlighted in the LGPD as a category of “sensitive data”. This classification is assigned to information that has a high potential to uniquely identify an individual and, therefore, requires differentiated treatment and greater protection.
Examples of biometric data include fingerprints, facial recognitionIris scans, voice patterns, and even behavioral characteristics, such as typing or walking patterns, can be used to capture data. Due to their unalterable nature, this data is highly valuable, but it can also be dangerous in the wrong hands.
Why is biometrics becoming popular?
The use of biometrics has gained popularity in recent years due to its accuracy and efficiency in authentication and security processes. Companies have adopted biometric technologies in several areas, such as access control, identity validation and service personalization.
However, improper handling of this data can lead to serious legal and reputational consequences. The LGPD, in this context, acts as a regulator, requiring companies to demonstrate responsibility and transparency when dealing with sensitive information.
To comply with the LGPD, companies must meet a series of requirements. This includes ensuring that biometric data is collected for legitimate and specific purposes, and clearly informing data subjects about the use of this information.
Furthermore, it is essential to adopt effective security measures to protect data against unauthorized access and leaks. The law also establishes that data subjects have rights over their data, such as access, correction and deletion.
Failure to comply with these requirements can result in significant fines, suspension of activities, and irreparable damage to the company’s reputation. Therefore, understanding the relationship between the LGPD and biometric data is an essential step for any organization that wishes to implement these technologies in an ethical and legally secure manner.
What are the 4 steps to adapt the law and biometrics in your company?
Now, let's look at the steps that must be followed.
Step 1: Understand the applicable legislation
The first step to adapting your company to the use of biometrics within legal standards is to thoroughly understand the applicable legislation. It is not enough to know that the LGPD exists; it is crucial to understand how it relates to biometric data and what the practical implications are for your operation.
This involves studying in detail the LGPD articles that deal with sensitive data, such as articles 5, 6 and 11. These provisions define what is sensitive data, establish the legal basis for its processing and specify the rights of the data subjects. It is also important to consult specific regulations for your sector of activity, since some areas, such as healthcare and finance, have additional requirements.
A common misconception among companies is to assume that Biometry can be used indiscriminately to “facilitate” internal processes. However, the law is clear: the collection and use of biometric data must serve legitimate, proportionate and clear purposes.
Furthermore, it is necessary to ensure that data subjects are informed in an accessible and transparent manner about how their data will be used. A detailed understanding of the legislation will allow the company to develop robust internal policies, avoiding legal issues and ethical in the future.
Step 2: Perform data mapping
One of the most important steps to ensure compliance with the LGPD is to map the biometric data processed by the company. This process consists of identifying what data will be collected, how it will be stored, for what purposes it will be used, and who will have access to this information.
For example, if your company uses facial recognition To control access to environments, it is essential to document all the details of this process. Who has access to the data? What technology is being used? Where is this data stored? These are just some of the questions that must be answered during mapping.
This exercise not only helps identify risks and gaps in processes, but is also a fundamental requirement in audits and legal investigations. A well-done mapping allows the company to demonstrate proactivity and responsibility in the handling of sensitive data. Nevertheless, it is the basis for the implementation of adequate security measures, which we will address in the next steps.
Step 3: Obtain explicit consent from data subjects
The LGPD places great emphasis on the principle of transparency, and this is especially relevant in the case of biometric data. Before collecting any type of biometric data, it is essential to obtain the explicit consent of the data subjects. But what does “explicit consent” mean?
This means that the holder must be informed in a clear, objective and detailed manner about the reasons for the collection, how the data will be used, how long it will be stored and what their rights are in relation to this information.
This must be done through a consent form that is easy to understand, without technical jargon or confusing clauses. It cannot be obtained by coercion or implicitly; it must be a conscious choice of the holder.
It is worth remembering that consent is not the only legal basis for the processing of data. sensitive data. Depending on the context, it may be possible to use other legal bases, such as compliance with a legal or regulatory obligation. However, in situations where consent is the chosen basis, it must be documented and stored securely for future verification purposes.
Step 4: Implement appropriate security measures
Implementing robust security measures is essential to protect biometric data from unauthorized access, leaks and other forms of improper processing. These measures should be both technical and administrative, ranging from the choice of reliable technologies to employee training.
From a technical point of view, it is important to invest in solutions that offer Encryption end-to-end, multi-factor authentication and continuous monitoring systems. In addition, it is necessary to ensure that data is stored on secure servers, preferably located in Brazil or in countries that offer adequate levels of data protection.
From an administrative perspective, the company must establish clear internal policies regarding the processing of biometric data. Who has access to this information? What are the procedures in the event of a leak? How will these practices be periodically reviewed? Answering these questions is crucial to creating an environment of security and trust.
Conclusion
The use of biometrics can be a major competitive differentiator, but its implementation requires careful attention to legal obligations. By aligning your processes with the requirements of the LGPD, your company not only avoids sanctions legal, but also builds a solid reputation for privacy and data security.
Integrating the demands of law enforcement and biometrics may seem daunting at first, but with the right practices in place, your organization will be well prepared to address the challenges and opportunities of this advanced technology.
By following the steps outlined, you will be contributing to a safer, more ethical and innovative business environment. This demonstrates not only legal compliance, but also a commitment to protecting data subjects’ rights, which is essential for success in today’s market.
At Rocha Cerqueira, we simplify this process through Qualifica, the platform we developed. Therefore, we invite you to continue with us and click here to meet her!
Rocha Cerqueira specializes in the areas of Environmental Law, Occupational Health and Safety, and Social Responsibility.
