Privacy Considerations for Integrating Biometric Technology in Quebec

As technology evolves, the use of biometrics in organizations has become increasingly common, providing solutions for identification, authentication, and security. In Quebec, the use of biometric data is subject to stringent legal and regulatory obligations designed to protect individuals' privacy.

If your organization is considering implementing biometric technology, it is crucial to understand the key requirements to ensure its responsible use and compliance with provincial laws.

Biometric Data: Sensitive Personal Information

Biometric data is classified as sensitive personal information due to its unique and permanent nature. It includes physical, behavioral, or biological characteristics such as fingerprints, facial recognition, voice patterns, or DNA. Its sensitivity requires careful handling, as misuse or a breach can have significant consequences, such as identity theft or disclosure of intimate details about an individual’s health or ethnicity.

Quebec's Legal Framework

The Commission d’accès à l’information (CAI) oversees privacy and information access laws in Quebec. These include:

• Loi sur l'accès aux documents des organismes publics et sur la protection des renseignements personnels 

• Loi sur la protection des renseignements personnels dans le secteur privé 

• Loi concernant le cadre juridique des technologies de l'information 

These laws govern how biometric data can be collected, used, stored, and shared, requiring organizations to ensure compliance before deployment.

Key Obligations for Organizations

1. Conduct a Preliminary Analysis | Necessity and Proportionality

A Privacy Impact Assessment (PIAO is mandatory for all biometric projects since September 2023. This assessment evaluates:

• Necessity: is biometric data essential to achieving a legitimate objective (e.g., fraud prevention, secure access)?

• Proportionality: are the benefits greater than the risks?

• Alternatives: have less invasive methods been considered? For example: preventing time theft or unauthorized access or addressing monitoring challenges in unique work environments.

Document evidence to support the necessity and proportionality of biometrics, focusing on concrete, real-world problems—not hypothetical scenarios. The assessment must address the following principles:

Collect only necessary information

Under Quebec’s Loi sur le privé and Loi sur l’accès, organizations are only permitted to collect personal information, including biometric data, that is essential to achieve a legitimate and well-documented objective. Importantly, obtaining consent does not override this requirement.

Legitimate, important, and real objectives

Organizations must articulate why biometric data is necessary and how it addresses a specific problem.

Proportionality to the objective pursued

Biometric systems should be evaluated against their potential impact on privacy. Given that biometric data is inherently sensitive, its collection and use represent a significant intrusion into individuals' privacy and must be justified.

Organizations must ensure that the benefits of the biometric system outweigh the risks to privacy and other potential consequences.

2. Declaration to the CAI before its use

Organizations must declare:

1. The implementation of any system using biometric data for identification or authentication before its use.

2. The creation of a biometric database at least 60 days before deployment.

3. Submit the CAI’s official form and ensure compliance during and after implementation.

3. Express Consent

Organizations must:

• Secure explicit, informed, and specific consent from individuals.

• Provide alternative means of identification for those who decline.

• Clearly explain the purpose, data use, storage methods, security measures, and individuals' rights.

Consent must be documented (e.g., through signed forms) and limited in scope and duration.

4. Data Security and Confidentiality

Implement robust protections for biometric data, including:

• Encryption: Convert biometric data into irreversible codes to prevent misuse.

• Decentralized Storage: Reduce risks by avoiding centralized databases when possible.

• Access Controls: Restrict access to authorized personnel and maintain audit logs.

If cloud storage is used, ensure compliance with additional legal obligations for cross-border data transfers.

5. Secure Destruction of Data

When biometric data is no longer required, ensure its permanent and irreversible destruction. This includes all stored copies and associated systems; hence, organizations must:

• Destroy data irreversibly, including all stored copies.

• Use secure methods to prevent recovery of destroyed data.

• Ensure third-party service providers follow the same standards.

6. Access and Correction Rights

Individuals have the right to:

• Access their biometric data.

• Request corrections to inaccurate data.

Organizations must respond promptly to such requests—20 days for public bodies (with certain exceptions in specific contexts) and within 30 days for private entities.

Biometric Technology Applications and Compliance Steps

Common Applications

Identification: comparing biometric data to a database (e.g., "Who is this person?").

Authentication: verifying identity through one-to-one comparison (e.g., "Is this person who they claim to be?").

Examples of biometric modalities include:

• Morphological biometrics: fingerprints, facial recognition, or iris scans.

• Behavioral biometrics: voice recognition or typing patterns.

• Biological biometrics: DNA or body odors.

Organizations must limit data collection to the minimum necessary and document the rationale behind their use of biometrics.

High-Level Compliance Checklist

1. Conduct a Privacy Impact Assessment (PIA): use the CAI’s guide to assess privacy risks and implement mitigations.

2. Submit the Declaration Form: notify the CAI using the prescribed form at least 60 days before deploying biometric systems.

3. Establish Transparent Policies: maintain and communicate clear and accessible policies, designate a privacy officer, and regularly train employees on data protection practices.

4. Implement Security Measures: regularly update systems to align with evolving legal and technological standards.

Conclusion

Biometric technology offers significant advantages, such as enhanced security and efficiency. However, its implementation requires adherence to Quebec’s robust privacy framework. By conducting thorough assessments, securing proper consent, and implementing advanced security measures, organizations can responsibly integrate biometrics while protecting individuals’ rights and building trust.

For detailed guidance, consult the CAI’s resources or seek expert legal and technical advice to ensure compliance.

Disclaimer: This article provides a general overview of certain legal and related developments. It is not intended to serve as legal advice. If you require specific legal guidance, consultation with a qualified lawyer is essential.