Genetic and Biometric Information to Become Sensitive Data

Source: www.coe.int

The European Conference of Dat aProtection Authorities was held on the 5th of June 2014 in Strasbourg, France. The event brought together representatives of over 40 national and sub-national European data protection authoritiesto discuss how to strengthen European and international cooperation in this field. The theme of the conference was “European and international cooperation in the field of data protection”.

The representatives adopted a resolution on the revision of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention108). This document calls on CoE member states and the states parties to Convention to preserve and, where possible, increase the current level of protection afforded by the Convention and, in particular, to "[p]lace genetic data and biometric data in the sensitive data category".

Broadening the scope of the notion of "sensitive data" towards these two kinds of personal information is a very significant step. Since genetic data may contain information on one's genetic characteristics, and hence on one's (genetic) health status, furthermore these genetic characteristics may be related not only to the person concerned but to other family members such as parents, grandparents, children or siblings. Therefore it was obvious to recognize these information as sensitive data.

On the other hand, biometric data besame more and more frequently used outside of the government sector. Private companies or even persons may afford biomertric technologies these days. The risk of abuse of personal data becomes more and more relevant. Although one of the main agruments for the use of biometric systems is enhanced security, one must not forget the importance of the right to informational self-determinatio and to the respect for private life. Simple security reasons must not justify in themselves the limitation of one's rights. Therefore biometric data deserve the protection afforded to sensitive data.

It must also be noted that on the same day of the conference, the Council of Europe and the European Union Agency for Fundamental Rights (FRA) launched the second revised edition of a handbook on European data protection law.