Identity Verification and GDPR: What Does the Law Say?

As identity fraud continues to rise, more and more organizations are turning to facial biometrics. This technology makes it possible to confirm that a person is truly who they claim to be by comparing their face to an identity document and verifying their real-time presence behind a screen.

Yet this effectiveness creates a paradox. Biometrics is one of the most powerful tools available to combat identity theft, but it is also perceived as intrusive. Capturing and analyzing someone’s face touches on something deeply personal. In this context, the GDPR serves as the essential legal framework in Europe to regulate such practices.

So what does the law actually say?

Biometric Data: What Are We Talking About?

The General Data Protection Regulation (GDPR) defines biometric data as personal data resulting from specific technical processing relating to the physical, physiological, or behavioral characteristics of a person, which allows or confirms their unique identification.

In practical terms, this may include:

• A facial image used for recognition purposes
• A fingerprint
• A biometric template generated from these elements

It is important to distinguish between a raw image (such as a photograph) and a biometric template, which is a mathematical representation created for comparison purposes.

Why Is Biometric Data Considered Sensitive?

Under the GDPR, biometric data used for the purpose of uniquely identifying a person falls into the category of “special categories of data” (commonly referred to as sensitive data). As a rule, processing such data is prohibited unless specific conditions apply.

Why this heightened level of protection?

• Biometric data is inherently linked to the individual and difficult to change (you cannot “reset” your face like you would a password).
• A breach involving biometric data can have serious consequences.
• It directly relates to a person’s identity.

This does not mean that biometric data cannot be used, but it does mean that its use is strictly regulated.

Identity Verification and GDPR: Key Requirements

To comply with the GDPR, any biometric-based identity verification system must adhere to several fundamental principles.

Data Minimization and Purpose Limitation

The principle of data minimization requires organizations to collect only the data that is strictly necessary for the intended purpose.

In the context of identity verification, this means:

• Collecting only the information required for authentication
• Not reusing biometric data for unrelated purposes such as marketing or profiling
• Clearly defining retention periods

The purpose must be specific, explicit, and legitimate, for example, preventing fraud during onboarding or securing an electronic signature process.

Data security

The GDPR requires organizations to implement appropriate technical and organizational measures to ensure a level of security proportionate to the risk.

For biometric systems, this typically includes:

• Data encryption
• Protection of video streams
• Secure storage of biometric templates
• Strict internal access controls

Security is not optional, it is central to compliance.

Transparency and Individual Rights

Users must be clearly informed about:

• The type of data being collected,
• The purpose of the processing,
• How long the data will be retained
• Their rights (access, rectification, erasure, restriction of processing).

Consent may serve as a legal basis in some cases, but it must be freely given, specific, informed, and unambiguous. In other contexts, the legal basis may be a legal obligation (such as KYC requirements) or legitimate interest, provided a proper balance is maintained with individuals’ rights and freedoms.

Facial Biometrics: Balancing Security and Privacy

The real question is not whether biometrics is compatible with the GDPR, but how it is designed and implemented.

A “Privacy by Design” Approach

The GDPR enshrines the principle of “data protection by design and by default.” This means privacy must be integrated from the earliest stages of system development.

In practice, this may involve:

• Processing data locally whenever possible
• Rapid deletion of unnecessary data
• Limiting the storage of biometric templates
• Avoiding unnecessary centralized databases

The goal is to reduce risk at its source.

The Role of Standards and Certifications

Technical standards and certifications also play an important role. Solutions evaluated against recognized frameworks (such as ISO or CEN standards) and audited by independent bodies provide additional assurances regarding security and robustness.

While they do not replace GDPR compliance, they demonstrate a structured and responsible approach to data protection.

Conclusion : 

Biometric identity verification does not conflict with the GDPR. Rather, it operates within a demanding framework designed to reconcile two key objectives: effectively combating fraud while safeguarding individuals’ fundamental rights.

In a world where digital interactions are multiplying and fraud is becoming increasingly industrialized, the challenge is not to abandon biometrics, but to use it responsibly, transparently, and proportionately. Under those conditions, biometrics can become a powerful driver of trust in the digital identity ecosystem.

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