New Zealand: Closed OPC Consultation on Biometrics Privacy Code Exposure Draft

On 8 May 2024, the New Zealand Office of Privacy Commissioner (OPC) closed its public consultation on the Biometrics Processing Privacy Code. The Code outlines the scope of the definition of biometric information and other relevant terms, including physiological and behavioral data, samples, templates, and results, while excluding biological biometrics. It applies to biometric processing for identification, verification, and classification purposes. The Code imposes obligations on agencies collecting biometric data, including a requirement for a proportionality assessment to justify the necessity of biometric processing. It also introduces enhanced notification and transparency requirements, ensuring individuals are informed about the collection and use of their biometric information through conspicuous and accessible notices. Exceptions to these requirements are limited to cases where disclosure would undermine legitimate purposes like law enforcement activities. The consultation sought feedback on issue of carrying out proportionality assessments, the proper approach to transparency, and the scope of limitations on the fair processing of biometric information.