The General Personal Data Protection Law - LGPD has been in force since 2020, but many companies that collect, store, process and share personal data have not yet complied with the Law. Na compliance with the LGPD, it is necessary to understand several concepts and one of them is related to sensitive data, one of which is identified by facial biometry.
The use of facial biometrics to validate the identity and authentication of users is already part of the routine of many companies, especially those that use anti-fraud platforms. This tool increases the level of protection against identity fraud and for this reason it has been increasingly adopted in various branches of business. However, its use should be cautious in compliance with the LGPD, as it must comply with the rules required by the Law.
Facial biometrics in compliance with the LGPD it is classified as sensitive data, as mentioned in Article 5, II of the LGPD. According to the LGPD, sensitive personal data are about racial or ethnic origin, religious conviction, political opinion, membership in a trade union or organization of a religious, philosophical or political nature, data related to health or sexual life, genetic or biometric data, when linked to a natural person. So, in the context of the LGPD, when using facial recognition technology, careful analysis is needed to justify the processing of this data.
The use of facial biometrics is becoming increasingly recurrent, as it brings advantages such as agility, cost reduction and greater security. However, it is still surrounded by doubts related to privacy and the misuse of the data collected, and for this reason, it is still expected, in compliance with the LGPD, an additional guidance from the ANPD on the subject, since there are no additional obligations that apply to the processing of sensitive data and no federal law that regulates its use.
The LGPD is already in force and impacting the Brazilian market as a whole. If your company has not yet done the compliance with the LGPD contact TATICCA — ALLINIAL GLOBAL, which has a qualified and experienced multidisciplinary team, tools and methodology for consultancy in LGPD and also implementation, in an objective and assertive manner, with: guidance and training, diagnosis, analysis of employee contracts, analysis of supplier contracts, analysis of internal policies, analysis of contracts for the provision of service or sale of products, adaptation of contracts in accordance with LGPD, data mapping, implementation of the service channel, drafting of a privacy policy, pre-formatted documentation with all the requirements of LGPD.
