Collection of Bio-metric Data and Right To Privacy in Canada
Biometrics stems from the Greek word bio which means life and metrics which means measurement. Thus biometric information pertains to an individual’s unique characteristics such as fingerprints, retina recognition, photographs, etc which distinguish him from the rest of the world.
From 31 December 2018, subject to certain exemptions, anyone who applies for a Canadian work visa, study visa, tourist visa or permanent residence is required to submit his/her biometrics. This poses certain challenges for both the individuals and the Canadian government.
Let’s first examine the policy relating to the collection of biometric data from the immigrants:
1. Certain individuals are exempted from providing their biometrics. This includes without limitation Canadian citizens, citizenship applicants (including passport applicants), or existing permanent residents; children under the age of 14; applicants over the age of 79; visa-exempt nationals; diplomats; US visa holders transiting through Canada and refugee claimants.
2. Upon submission, the fingerprints are encrypted and send by the IRCC to Canadian Immigration Biometric Identification System electronically. Once the information is stored in the database, personal information is deleted from the collection system.
3. The biometric information is cross-checked by the police with the records of criminals, refugee claimants,
deportees, and temporary resident applicants. In the event, the records match, the visa officer in charge makes a final call regarding the application.
4. The information is also shared with other countries such as United States, Australia, New Zealand, and the United Kingdom.
5. The biometrics are valid for 10 years, however, the government does the record keeping for 15 years.
6. The biometrics are deleted upon completion of 15 years or grant of citizenship, whichever is earlier.
Right to Privacy
The biometric information would be covered by the Personal Information Protection and Electronic Documents Act. The act regulates its collection, handling, and disclosure for all provinces except Alberta, BC, and Quebec. These provinces have their separate legislation. The salient features of these acts are stated as follows –
1. There needs to be valid consent.
2. Disclosure of information can take place without the consent of the individual only in few reasonable grounds such as if it is needed for a life-threatening situation, required by law, made to a government institution for legal purposes.
3. Such information must be adequately secured. It should not be shared with a third party.
4. The purpose of obtaining personal information must be disclosed to the provider.
5. Any information that is not required to be kept shall be deleted/destroyed by the agency.
6. The act requires a high level of caution and care from the companies handling personal information of people.
Utility of Biometric Information vis a vis Privacy Rights
1. Canada shares its biometric information with other countries. Thus, it makes the information more susceptible to data theft.
2. The fingerprints and other biometric information can be used to identify applicants with criminal records. Since each applicant gives their express consent for data collection, the question of privacy invasion doesn’t arise.
3. There are chances of identity theft as the information is retained by the government for up to 15 years.
Conclusion
It is noteworthy that in case the biometric entries match any criminal records, the final call is taken by the officer in charge and thus ensuring human intervention and a fair hearing. The deletion of personal information from the database helps in protecting the individual identities, however, the government needs to implement robust measures to maintain data security. It is extremely important to protect the biometric information of individuals. Any data theft may open Pandora’s box and shake the confidence of people in the government.