Legal Regulation of Biometric Data: A Comparative Analysis of Global Standards

Abstract

This article provides a comprehensive comparative analysis of global standards and regulations surrounding the legal use and protection of biometric data. As biometric technologies become increasingly integrated into various sectors, including security, healthcare, and finance, the need for clear and effective legal frameworks to safeguard personal data has grown substantially. This paper examines the diverse regulatory approaches in key jurisdictions, focusing on the European Union, the United States, China, and other regions such as Canada, Japan, India, and Brazil. Key issues such as consent, data subject rights, data security and storage, cross-border data transfer, and enforcement mechanisms are analyzed in-depth. The European Union's General Data Protection Regulation (GDPR) sets a high standard for data protection, emphasizing consent and privacy rights, while the United States grapples with fragmented state laws, such as the Illinois Biometric Information Privacy Act (BIPA), and federal regulations. China’s Personal Information Protection Law (PIPL) introduces its own set of data protection standards that balance privacy with state control. Other jurisdictions, like Brazil and India, have recently adopted data protection laws that address the challenges posed by biometric data. The article concludes by emphasizing the need for international cooperation in developing cohesive global standards to address the cross-border challenges of biometric data regulation and to protect individual privacy rights in an increasingly interconnected world.