Chile: Supreme Court issued ruling ordering deletion of biometric data collected by Worldcoin from a minor without consent (Fundacion Kamanau v Worldcoin S.P.A.) (Case No.18,566-2024)

Description

Supreme Court issued ruling ordering deletion of biometric data collected by Worldcoin from a minor without consent (Fundacion Kamanau v Worldcoin S.P.A.) (Case No.18,566-2024)

On 6 January 2025, the Supreme Court of Chile issued a ruling concerning Worldcoin’s collection of a minor’s biometric iris data without obtaining parental consent. The court ordered Worldcoin to delete all biometric data collected from a 17-year-old minor without her consent. The case stemmed from a constitutional action alleging that the companies unlawfully scanned the minor's iris, violating her constitutional rights to privacy, physical and mental integrity, and property. The court found that the minor was not informed of the risks or provided with adequate information to consent to the biometric data collection, which constituted a breach of legal and constitutional protections for minors. The court emphasised that sensitive data, including biometric information, is entitled to reinforced protection, especially when obtained from minors. While the defendant provided a document claiming the data had been deleted, the court rejected it as insufficient, stating that the deletion needed to be certified with formal standards, such as ISO 27001, to ensure proper data security and privacy protection.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
digital payment provider (incl. cryptocurrencies)
Implementation Level
national
Government Branch
judiciary
Government Body
supreme court

Complete timeline of this policy change

Hide details
2025-01-06
in force

On 6 January 2025, the Supreme Court of Chile issued a ruling concerning Worldcoin’s collection of …