CNIL publishes model regulation on access control through biometric authentication at the workplace

The French data protection authority CNIL has published a model regulation which regulates under which conditions devices for access control through biometric authentication may be introduced at the workplace.

Pursuant to Article 4 paragraph 14 of the General Data Protection Regulation (GDPR), biometric data are personal data relating to the physical, physiological or behavioural characteristics of a natural person, obtained by means of specific technical processes, which enable or confirm the unambiguous identification of that natural person. According to Article 9 paragraph 4 GDPR, the member states of the European Union may introduce or maintain additional conditions, including restrictions, as far as the processing of biometric data is concerned.

The basic requirement under the model regulation is that the controller proves that biometric data processing is necessary. To this end, the controller must explain why the use of other means of identification or organisational and technical safeguards is not appropriate to achieve the required level of security.

Moreover, the choice of biometric types must be specifically explained and documented by the employer. This also includes the justification for the choice of one biometric feature over another. Processing must be carried out for the purpose of controlling access to premises classified by the company as restricted or of controlling access to computer devices and applications.

Furthermore, the model regulation of the CNIL describes which types of personal data may be collected, which storage periods and conditions apply and which specific technical and organisational measures must be taken to guarantee the security of personal data. In addition, CNIL states that before implementing data processing, the controller must always carry out an impact assessment and a risk assessment of the rights and freedoms of the individual. This risk assessment must be repeated every three years for updating purposes.

The data protection authority also points out that the model regulation does not exempt from compliance with the regulations of the GDPR, since it is not intended to replace its regulations, but to supplement or specify them.