ALI-ELI Project on Principles for the Governance of Biometrics

Background

Biodata, referring to data collected from the human body or bodily functions, has long been valued for its medical and non-medical applications. Traditionally, this data has been gathered and analysed primarily for health-related purposes. However, recent technological advancements – spanning computing, machine learning, artificial intelligence (AI), the growing interconnectivity of the web, and the proliferation of affordable digital storage and sensing technologies – have drastically increased the power, scale, volume, and ease with which biodata can be collected, processed, and analysed. These innovations, coupled with the widespread adoption of smart devices and web-enabled services, have transformed biometric systems, their capabilities, and the practices surrounding their use.

As biometric systems evolve, they are increasingly challenging existing legal frameworks that govern the collection and use of biodata. Although there are some similarities in how 'biometric data' is defined under US law and EU data protection regulations, the legal approaches to privacy and personal data differ significantly, shaped by their unique constitutional, political, and cultural contexts.

Aim

The global nature of biometric technology use calls for coordinated efforts to establish comprehensive guidelines for its ethical and lawful application. In response to this need, the American Law Institute and European Law Institute have launched a transatlantic initiative focused on developing principles that will help determine when the use of biometric technologies and the processing of related data should be permissible, particularly in light of the risks.

Outcome

The development of principles to guide the responsible use of biometric systems will be essential for ensuring that such technologies respect individuals' rights on a global scale. These principles will offer valuable guidance to policymakers and legislators, particularly those in democratic legal systems, as they review and reform existing legal frameworks. The proposed project will likely draw on a broad spectrum of sources and disciplines to gain a comprehensive understanding of the current landscape and anticipate future developments in biometric technologies. Key areas of focus will include:

• Technological capabilities, limitations, and emerging trends
• Current scientific knowledge regarding the epistemic validity of inferences made from data collected by biometric systems
• The political and economic contexts in which there is growing interest in adopting biometric systems or where their use is expected to expand
• Insights from applied ethics, legal scholarship, and sociological research, including perspectives from critical data studies, science and technology studies (STS), critical algorithm studies, surveillance studies, bioethics, and the philosophy of technology.