Biometrics Surveillance And The Law

The use of biometric identification systems is rapidly increasing across the world, owing to their potential to combat terrorism, fraud, corruption and other illegal activities. However, critics of the technology complain that the creation of an extensive central register of personal information controlled by the government will increase opportunities for the state to abuse citizens. There is also concern about the extent to which data about an individual is recorded and kept. This book reviews some of the most current and complex legal and ethical issues relating to the use of biometrics. Beginning with an overview of biometric systems, the book goes on to examine some of the theoretical underpinnings of the surveillance state, questioning whether these conceptual approaches are still relevant, particularly the integration of ubiquitous surveillance systems and devices. The book also analyses the implementation of the world’s largest biometric database, Aadhaar, in detail. Additionally, the identification of individuals at border checkpoints in the United States, Australia and the EU is explored, as well as the legal and ethical debates surrounding the use of biometrics regarding: the war on terror and the current refugee crisis; violations of international human rights law principles; and mobility and privacy rights. The book concludes by addressing the collection, use and disclosure of personal information by private-sector entities such as Axciom and Facebook, and government use of these tools to profile individuals. By examining the major legal and ethical issues surrounding the debate on this rapidly emerging technology, this book will appeal to students and scholars of law, criminology and surveillance studies, as well as law enforcement and criminal law practitioners.

The use of biometric identification systems is rapidly increasing across the world, owing to their potential to combat terrorism, fraud, corruption and other illegal activities. However, critics of the technology complain that the creation of an extensive central register of personal information controlled by the government will increase opportunities for the state to abuse citizens. There is also concern about the extent to which data about an individual is recorded and kept. This book reviews some of the most current and complex legal and ethical issues relating to the use of biometrics. Beginning with an overview of biometric systems, the book goes on to examine some of the theoretical underpinnings of the surveillance state, questioning whether these conceptual approaches are still relevant, particularly the integration of ubiquitous surveillance systems and devices. The book also analyses the implementation of the world's largest biometric database, Aadhaar, in detail. Additionally, the identification of individuals at border checkpoints in the United States, Australia and the EU is explored, as well as the legal and ethical debates surrounding the use of biometrics regarding: the war on terror and the current refugee crisis; violations of international human rights law principles; and mobility and privacy rights. The book concludes by addressing the collection, use and disclosure of personal information by private-sector entities such as Axciom and Facebook, and government use of these tools to profile individuals. By examining the major legal and ethical issues surrounding the debate on this rapidly emerging technology, this book will appeal to students and scholars of law, criminology and surveillance studies, as well as law enforcement and criminal law practitioners.

This important text/reference presents the latest secure and privacy-compliant techniques in automatic human recognition. Featuring viewpoints from an international selection of experts in the field, the comprehensive coverage spans both theory and practical implementations, taking into consideration all ethical and legal issues. Topics and features: presents a unique focus on novel approaches and new architectures for unimodal and multimodal template protection; examines signal processing techniques in the encrypted domain, security and privacy leakage assessment, and aspects of standardization; describes real-world applications, from face and fingerprint-based user recognition, to biometrics-based electronic documents, and biometric systems employing smart cards; reviews the ethical implications of the ubiquity of biometrics in everyday life, and its impact on human dignity; provides guidance on best practices for the processing of biometric data within a legal framework.

This book addresses the use of biometrics – including fingerprint identification, DNA identification and facial recognition – in the criminal justice system: balancing the need to ensure society is protected from harms, such as crime and terrorism, while also preserving individual rights. It offers a comprehensive discussion of biometric identification that includes a consideration of: basic scientific principles, their historical development, the perspectives of political philosophy, critical security and surveillance studies; but especially the relevant law, policy and regulatory issues. Developments in key jurisdictions where the technology has been implemented, including the United Kingdom, United States, Europe and Australia, are examined. This includes case studies relating to the implementation of new technology, policy, legislation, court judgements, and where available, empirical evaluations of the use of biometrics in criminal justice systems. Examples from non-western areas of the world are also considered. Accessibly written, this book will be of interest to undergraduate, postgraduate and research students, academic researchers, as well as professionals in government, security, legal and private sectors.

Bio-Privacy: Privacy Regulations and the Challenge of Biometrics provides an in-depth consideration of the legal issues posed by the use of biometric technology. Focusing particularly on the relationship between the use of this technology and the protection of privacy, this book draws on material across a range of jurisdictions in order to explore several key questions. What are the privacy issues in the biometric context? How are these issues currently dealt with under the law? What principles are applied? Is the current regulation satisfactory? Is it applied consistently? And, more generally, what is the most appropriate way to deal with the legal implications of biometrics? Offering an analysis, and recommendations, with a view to securing adequate human rights and personal data protection, Bio-Privacy: Privacy Regulations and the Challenge of Biometrics will be an important reference point for those with interests in the tension between freedom and security.

This book is open access. This book undertakes a multifaceted and integrated examination of biometric identification, including the current state of the technology, how it is being used, the key ethical issues, and the implications for law and regulation. The five chapters examine the main forms of contemporary biometrics–fingerprint recognition, facial recognition and DNA identification– as well the integration of biometric data with other forms of personal data, analyses key ethical concepts in play, including privacy, individual autonomy, collective responsibility, and joint ownership rights, and proposes a raft of principles to guide the regulation of biometrics in liberal democracies. Biometric identification technology is developing rapidly and being implemented more widely, along with other forms of information technology. As products, services and communication moves online, digital identity and security is becoming more important. Biometric identification facilitates this transition. Citizens now use biometrics to access a smartphone or obtain a passport; law enforcement agencies use biometrics in association with CCTV to identify a terrorist in a crowd, or identify a suspect via their fingerprints or DNA; and companies use biometrics to identify their customers and employees. In some cases the use of biometrics is governed by law, in others the technology has developed and been implemented so quickly that, perhaps because it has been viewed as a valuable security enhancement, laws regulating its use have often not been updated to reflect new applications. However, the technology associated with biometrics raises significant ethical problems, including in relation to individual privacy, ownership of biometric data, dual use and, more generally, as is illustrated by the increasing use of biometrics in authoritarian states such as China, the potential for unregulated biometrics to undermine fundamental principles of liberal democracy. Resolving these ethical problems is a vital step towards more effective regulation.

This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.

Biometric recognition-the automated recognition of individuals based on their behavioral and biological characteristic-is promoted as a way to help identify terrorists, provide better control of access to physical facilities and financial accounts, and increase the efficiency of access to services and their utilization. Biometric recognition has been applied to identification of criminals, patient tracking in medical informatics, and the personalization of social services, among other things. In spite of substantial effort, however, there remain unresolved questions about the effectiveness and management of systems for biometric recognition, as well as the appropriateness and societal impact of their use. Moreover, the general public has been exposed to biometrics largely as high-technology gadgets in spy thrillers or as fear-instilling instruments of state or corporate surveillance in speculative fiction. Now, as biometric technologies appear poised for broader use, increased concerns about national security and the tracking of individuals as they cross borders have caused passports, visas, and border-crossing records to be linked to biometric data. A focus on fighting insurgencies and terrorism has led to the military deployment of biometric tools to enable recognition of individuals as friend or foe. Commercially, finger-imaging sensors, whose cost and physical size have been reduced, now appear on many laptop personal computers, handheld devices, mobile phones, and other consumer devices. Biometric Recognition: Challenges and Opportunities addresses the issues surrounding broader implementation of this technology, making two main points: first, biometric recognition systems are incredibly complex, and need to be addressed as such. Second, biometric recognition is an inherently probabilistic endeavor. Consequently, even when the technology and the system in which it is embedded are behaving as designed, there is inevitable uncertainty and risk of error. This book elaborates on these themes in detail to provide policy makers, developers, and researchers a comprehensive assessment of biometric recognition that examines current capabilities, future possibilities, and the role of government in technology and system development.