The consultation period runs until March
The Privacy Commissioner Michael Webster has announced plans to issue a biometrics code designed to strengthen the regulation of biometric information.
A draft version of the Biometric Processing Privacy Code has been released for public consultation, with submissions open until March 2025.
“The Code will help agencies implement the technology while giving people confidence it’s being done safely and fairly,” Webster said in a statement.
Currently, the Privacy Act 2020 governs the use of personal information, including biometrics, but Webster emphasised that biometrics require additional protections due to their unique risks. Biometric processing involves using technologies, such as facial recognition, to collect and analyse biometric data for identification or profiling purposes.
The proposed code would modify certain principles of the Privacy Act and establish specific rules for agencies using biometric technologies. Key provisions include:
The latest draft builds on feedback from an earlier exposure draft released in 2024. Changes include simplifying language to clarify which processes are covered, targeting restrictions to the most intrusive uses, and requiring organisations to disclose assessments of the risks and benefits of biometric technology, where these are made public.
Additional updates include extending the commencement period from six to nine months for organisations already using biometrics and introducing a trial provision to help agencies evaluate biometric processing.
Draft guidance material has also been developed to assist organisations in understanding and complying with the proposed rules.
The commissioner emphasised the importance of public input, stating that feedback will help ensure the code effectively balances technological innovation with privacy safeguards. The consultation process, open until March, invites contributions from both the public and agencies affected by the proposed rules. Once finalised, the biometrics code is expected to take effect later in 2025.
