Legal Challenges of Biometric Systems in Public Spaces: Surveillance vs. Privacy

Abstract

The widespread deployment of biometric systems in public spaces, such as facial recognition and iris scanning, presents critical legal and ethical challenges. While these technologies enhance security and convenience, they raise significant concerns around privacy, consent, data protection, and the potential for misuse. Biometric data, inherently linked to an individual’s unique physical characteristics, is far more sensitive than other forms of personal data, making it subject to complex legal scrutiny. This paper explores these legal challenges, focusing on the balance between surveillance and privacy in the use of biometric systems.Through a comparative analysis of global regulatory frameworks, this research examines how major jurisdictions such as the European Union, the United States, and China address the legal issues surrounding biometric surveillance. The European Union’s General Data Protection Regulation (GDPR) places stringent requirements on the use of biometric data, emphasizing transparency, consent, and the right to privacy. In contrast, the United States lacks a cohesive federal law, leading to a patchwork of state-level regulations like the Illinois Biometric Information Privacy Act (BIPA), while China’s approach prioritizes public security, often at the expense of personal privacy.The paper further analyses key legal principles like informed consent, data retention, and the risks of biometric data breaches. It also includes case studies from sectors such as airport security, financial services, healthcare, and law enforcement, highlighting both the operational benefits of biometric systems and the privacy concerns they introduce.