Biometric Data Regulation In India: Legal Landscape And Risks

The use of biometric data has become ubiquitous in the recent past. From employee monitoring and fingerprint-based access at workplaces to identity verification (including through platforms such as DigiYatra and Aadhaar), biometric authentication is being employed for a variety of use cases in both the public and private sectors. As biometric based technologies and applications evolve and continue to become more entrenched in our daily lives, the legal implications of the collection and use of biometric data become increasingly important. Given the highly sensitive nature of biometric data, the legal and regulatory frameworks that govern biometric data must be periodically evaluated to ensure adequate protection is being afforded to the privacy and security of individuals. Below we seek to outline the prevailing regulatory landscape in India and highlight risks and challenges arising from gaps in our data protection framework.