Biometrics and the Fourth Amendment

Biometrics and the Fourth Amendment

Introduction

The private sector is defined as the segment of a country’s economy owned, controlled, and managed by organizations and individuals focusing on generating profit (Bonaglia et al., 2006). The sector includes households, private companies, and non-profit corporations. Companies operating in the private sector are not controlled by the government but can partner with the government to jointly deliver goods and services. The use of biometrics in the sector has increased significantly due to the need to protect financial transactions and property and promote employee integrity. Private companies use multi-factor authentication methods that use biometrics to control personal computers, office and residential complexes, automated teller machines, and automobiles. This discusses the use of biometrics in smart home systems and reviews best practices that should be in place to ensure that biometric data is appropriately collected, used, and stored.

One way that biometrics is currently being used in the private sector

One of the current trends in the use of biometrics in the private sector is the application of biometric recognition systems based on finger veins, fingerprints, and faces in smart home systems. According to Wang et al. (2015), a smart home system provides an automated technique for controlling and monitoring home multimedia, temperature, windows, devices, alarms, and computer-based systems. The mechanism for controlling and monitoring windows, doors, and alarms is part of the home security system used to protect residents from the threat of criminal acts or unexpected events that may disturb a resident’s safety and privacy. The system may use biometric authentication technology for home access and authentication. Smart home technology is currently being used to enable homeowners to connect different electronic devices to an integrated system accessible through various gadgets.

The use of biometrics in smart homes includes speech and face recognition (Chua, 2014). The speech and face data is first acquired from a smart home user and stored in the system’s database. The user can then use his or her voice to issue commands to appliances in the house, such as air conditioners and music systems. Face recognition is mainly used for security purposes and is connected to security cameras around the house and the alarm system to trigger it whenever there is an intruder. The system identifies intruders by detecting faces that are not in the database and notifying the homeowner. The homeowner can then grant authorization to let the person in or activate the alarm system. Fingerprint recognition technology is also being used in homes with biometric locks that offer personalized access control to sensitive areas such as safes and medicine cabinets.

Best practices that should be in place to ensure that the biometric data is properly collected, used, and stored.

The OECD’s privacy principles create a foundation for establishing best practices for properly collecting, using, and storing biometric data. They provide the most common privacy framework reflected in emerging and existing data protection and privacy laws and serve as a basis for creating effective privacy practice programs and additional principles. The principles regulate the quality of data, collection, use, protection, purpose, individual participation, openness, and liability (Kindt, 2013). The collection regulation provides that there should be boundaries to collecting personal data and should be lawfully and fairly acquired and where applicable, with the consent and awareness of the data’s owner. The purpose specification principle states that the purpose of personal data collection should be clarified before the data collection time. The principle also provides that the purpose of the data should be compatible with the reason for collecting it. The regulation on data quality provides that personal data should be pertinent to use and complete, up-to-date, and accurate. The limitation on the use of the data provides that personal data should not be shared or used for reasons other than the ones stated. The principle regulating openness provides that a policy should be implemented to foresee the proper execution of policies, practices, and developments relating to personal data. The principle of regulation of security measures provides that personal data should be protected by sensible security measures against risks such as unauthorized access, loss, modification and destruction. The accountability principle provides that the individual controlling data should be accountable for complying with measures put in place to ensure proper collection, use, and storage of personal data. The individual participation principle provides that an individual has the right to take part in deciding how their data is used.

One of the best practices that can be used to collect, use, and store biometric data properly is ensuring that there is clarity on how the biometric data was collected and how it will be used. Clarity can be created by outlining and documenting all areas where the biometric data is used or collected. The second practice is determining the people who need to be notified before collecting the data to grant authorization and consent to collect and use the data. The third practice is creating clear policies on collecting, using, and retaining the data. The policy should include the maximum amount of time the data should be retained and how the data is disposed of after being used. The fourth practice is constantly updating data protection practices and policies. The updates should consider changes in biometric privacy laws and be aligned with internal policies regulating business operations. The fifth practice is confirming the accuracy of the biometric data provided. For instance, facial recognition data should be confirmed by ensuring that the face in the database matches the face of the individual being screened. This information is particularly important when biometric data is being used for security purposes because inaccurate information could result in liabilities, especially if the error allows unauthorized personnel to gain access to an area and put those in the area in danger. The sixth practice is encrypting all biometric data collected to ensure that it is not accessed by unauthorized personalities. It is also important to install a firewall to prevent cyber-attacks that may leak data to unauthorized parties.

Conclusion

Biometric technologies are being used in the private sector to improve multi-factor authentication. The technology is gaining dominance in the private residential sector, where people use it to enhance the safety of their homes and create convenience. Safety is enhanced by controlling who accesses the premises and sensitive and hazardous areas within the home, such as medicine cabinets and safes. Flexibility is enhanced by enabling homeowners and residents to control devices through voice commands. Effective use of biometrics technology is dependent on adherence to OECD’s privacy principles, which provide the ideal privacy framework that organizations and individuals using biometric data should use. Based on the eight principles, the best practices that can be used to collect, use, and store biometric data properly are constantly updating data protection practices and policies, ensuring that there is clarity on how the biometric data was collected and how it will be used, creating clear guidelines on how the data is collected, used and retained, determining the people who need to be notified before collecting the data so that they can grant authorization and consent to collect ad use the data, putting the proper security measures to prevent unauthorized access and confirming the accuracy of the biometric data provided.

References

Bonaglia, F., OECD, & Organisation for Economic Co-operation and Development. Development Centre. (2006). Meeting the challenge of private sector development: Evidence from the Mekong sub-region. OECD.

Chua, L. (2014). Behavior recognition in smart homes. Handbook of Smart Homes, Health Care and Well-Being, 1-8. https://doi.org/10.1007/978-3-319-01904-8_22-1

Kindt, E. J. (2013). Biometric data, data protection and the right to privacy. Privacy and Data Protection Issues of Biometric Applications, 87-272. https://doi.org/10.1007/978-94-007-7522-0_3

Wang, L., Peng, D., & Zhang, T. (2015). Design of smart home system based on WiFi smart plug. International Journal of Smart Home, 9(6), 173-182. https://doi.org/10.14257/ijsh.2015.9.6.19

 

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Although biometrics are commonly used in the public (law enforcement) sector, the use of biometrics in the private sector is becoming more common. As a result, the policies, procedures, and laws regulating their use are evolving.
• Describe one way that biometrics is currently being used in the private sector.
• Describe some of the best practices that should be in place to ensure that the biometric data is properly collected, used, and stored.
• Apply the eight Organization for Economic Cooperation and Development (OECD) Privacy Guidelines to your best practices analysis.
• Support your work with properly cited research and examples of the selected biometrics applied in the public and private sectors.