1. Present-Day Landscape
4. Current Governance Measures
- ^ The terms “inferential biometric technologies” and inferential biometrics will be used synonymously in this report. Other reports and draft legislation have referred to this collection of technologies as Physiognomic Artificial Intelligence and Categorical Biometric Technologies respectively.
- ^ This definition may prove contentious for two reasons: firstly, it does not include the requirement of identification through these features, which many legal and traditional definitions do. Secondly, it excludes behavioural biometrics, which are common in many definitions. The reasons for this will be discussed later in this paper.
- ^ For instance, gait analysis would be considered physiological biometric data and thus within scope, while internet browsing would not.
- ^ These questions have been discussed extensively elsewhere.
- ^ It should be stressed that the norm in most jurisdictions allows for individuals to be informed through labels such as “CCTV in progress”.
- ^ The EU Council’s response to the draft AI Act proposes dropping the identification requirement in the definition. While this would be beneficial for encompassing inferential biometrics, it would also raise challenges given that this definition contrasts with that adopted in the GDPR.
- ^ Whether these data are afforded protections as personal data under the GDPR will depend on the extent to which these soft biometric data can, when combined with other data, lead an individual to be identifiable. Further guidance would appear necessary to clarify the protections provided to soft biometric data in circumstances where such data cannot be used to identify a natural person (either directly or indirectly).
- ^ In some cases, consent may not be the most appropriate lawful basis for processing. For instance, legitimate interest may be relied on for the use of systems which analyse biometric data remotely, such as live facial/emotion recognition.
- ^ Most applications currently rely on a single modality (e.g. the face).