CPRA vs GDPR: Navigating Biometric Data Privacy Regulations

Biometric identity verification is now integrated into everyday life, whether logging into workplaces, accessing stadiums, or undergoing hospital check-ups. As its use grows, safeguarding biometric data becomes critical. To address this, countries worldwide are adopting diverse strategies to protect user information.To regulate data privacy, there are two most discussed laws: the European Union’s GDPR and California’s CPRA. While both regulations cover biometric data, they apply very different standards. This creates major compliance challenges for businesses.

Global regulations vary in their approaches to handling biometric data. Under the GDPR, this type of data is classified as a “special category,” which means it is subject to stringent protections. In contrast, the CPRA considers biometric data as “sensitive personal information” and imposes its own set of compliance requirements.

Thus, understanding this distinction is crucial for businesses that use biometric data in their day-to-day operations. Aligning with both CPRA data privacy and GDPR biometric data regulations not only ensures compliance but also trust and long-term resilience.

CPRA Biometric Data vs GDPR Biometric Data: Demystifying the Concepts

Under the GDPR, biometric data means personal data attained following particular technical treatment of bodily or behavioral traits, like facial characteristics, fingerprints, or keystroke patterns. Its application in the unique identification of a person is subject to rigid security and legal controls.

Contrastingly, the CPRA categorizes the biometric information whose scope is broader and therefore extends to DNA, voiceprints, keystroke dynamics, and accurate geolocation when associated with the identity of an individual.

Although both systems acknowledge the riskiness of biometric identifiers, the broader definition of the CPRA includes categories that are not covered by the GDPR. This intersection and dispersion pose compliance issues to businesses dealing with biometric data across borders.

Background of CPRA Data Privacy and GDPR Biometric Data Rules

CPRA Data Privacy Evolution

The California Consumer Privacy Act (CCPA) had its foundations developed with the California Privacy Rights Act (CPRA) in 2020. One of the biggest changes the CPRA brings is the formal introduction of a new group known as Sensitive Personal Information (SPI). The data included in this category consists of biometrics, financial records, and accurate geolocation.

The CCPA previously had some exemptions where businesses could bypass complying with the regulations concerning employee and B2B data. But those exemptions lapsed in 2023, putting these kinds of data squarely under CPRA jurisdiction and expanding the law significantly in terms of the personal information it covers.

GDPR Biometric Data Framework

Biometric data has been proclaimed to be a special category of personal data by the General Data Protection Regulation (GDPR) that came into force in 2018. It is not typically employed without the express consent of organizations, protecting valuable interests, and meeting the legal demands. This reflects the EU interest in privacy as a fundamental right, and provides biometric data protection as an extension of a broader human rights policy.

Consent: Opt-In vs Opt-Out for Biometric Data Processing

The GDPR requires organizations to identify one of six legal bases for processing personal data. When it comes to biometric data, the rules are even stricter, generally demanding explicit consent, unless certain exceptions apply, such as in cases of vital interests or legal obligations. Consequently, routine practices like using fingerprint scanners for attendance tracking may not align with compliance requirements, which can heighten the associated risks.

The CPRA permits businesses to collect and use biometric data by default, without requiring a lawful basis, but consumers have the option to opt out. Individuals can also limit the use of their SPI. This model is less restrictive than GDPR but places more responsibility on businesses to respect consumer choices.

Which Businesses Are Affected? Under GDPR & CPRA  for Biometric Data

The GDPR is applicable to any organization that handles biometric data on residents of the European Union, whether in or out of the European Union. This involves companies that sell products or provide services to people within the EU, or track their activities, such as through facial recognition. Non-EU companies also need to do the same when they profile or authenticate EU users.

The CPRA extends to any for-profit agency that maintains personal information about California residents, provided that they satisfy any of the following requirements:

• Over $25 million in annual revenue, 
• Buying/selling/sharing data of 100,000+ consumers or households
• Earning 50% of revenue from personal data. 

After 2023, it also includes employee and B2B biometric data for time tracking, security, or access control by increasing compliance responsibilities for California employers.

Biometric Data Privacy Notices & Transparency Requirements

The GDPR requires organizations to issue transparent privacy notices when processing biometric data, include the legal basis of that processing, and whether the data is shared with third parties, and the rights of the data subject. In high-risk processing, including facial recognition in the open area, one needs Data Protection Impact Assessment (DPIA) to analyze the risks and determine mitigation strategies.

The CPRA mandates companies to revise their privacy policies. These notices should list the types of SPI that are gathered, their intended use, retention life span, and disclosure or sale of information. The biometric information utilized in advertising or analytics must be disclosed explicitly so that consumers are aware that their sensitive information is being used.

Consumer Rights & Data Subject Rights for Biometric Data

Under the GDPR, individuals are entitled to exercise the following rights: access, rectification, erasure, restriction, portability, and objection. The GDPR also provides clear protection against automated decision-making and profiling, particularly of facial recognition or algorithmic risk ratings.

The CPRA allows consumers limited rights: the right to know, delete, and amend erroneous biometric information, and the right to limit the use of SPI. Consumers can also choose not to sell or share biometric data. In contrast to the GDPR, the CPRA does not provide complete restriction/objection rights, but rather offers special SPI-specific controls.

Using Third-Party Vendors and Biometric Data Regulations

Organizations under the GDPR are strictly responsible to the compliance of their vendors to the processing of the biometric data. Processing contracts should be clear on terms of data protection, security, consent to use sub-processors, and observation of rights of data subjects. In case of biometric data mismanagement, the data controller may be subject to regulatory fines.

The CPRA mandates companies to use more stringent agreements with their service providers to guarantee the privacy of biometric information. Vendors are prohibited from using biometric data for their own benefit or for any other purpose. There are rules against sharing the data, especially in advertising that tracks behavior across different contexts. 

Cross-Border Transfers of Biometric Data: GDPR Safeguards & CPRA Flexibility

The GDPR has stringent guidelines on the movement of biometric information beyond the European Union. Thus, companies have to be based on the adequacy decisions, Standard Contractual Clauses (SCCs), or Binding Corporate Rules (BCRs) to maintain similar protection in another country. This was further complicated by the Schrems II decision. It involves the additional security measures that need to be in place whenever accessing non-EU cloud providers or authentication services that handle biometric identifiers.

On the other hand, the CPRA does not explicitly limit the international operations of transferring user data. Nevertheless, those businesses that run in any jurisdiction should adhere to the more stringent requirements of GDPR regarding biometric data. Practically, this implies implementing the protection at the EU level even in the cases of California customers when utilizing international vendors or data centers.

Biometric Data Breach Reporting and Security Obligations

Under the GDPR, the organizations must inform supervisory authorities of any biometric data breaches within 72 hours of the event. In some cases, organizations must inform the victims of a data breach. For high-risk biometric projects, they need to conduct Data Protection Impact Assessments (DPIAs). Along with strong technical and organizational measures to prevent unauthorized access or misuse of the user data.

The CPRA requires organizations to establish security systems regarding biometric identifiers; on the other hand. Cybersecurity is the process by which sensitive information-processing organizations must periodically evaluate risks and perform cybersecurity audits to ensure that user data is safeguarded. In case of breach of biometric information, it may cause serious issues, since biometrics is not changeable or can be reset like passwords.

Enforcement and Penalties in CPRA vs GDPR

The GDPR also imposes some of the most severe fines on breach of biometric data, of up to €20 million or 4% of a yearly turnover worldwide. The enforcement is by national Data Protection Authorities (DPAs) throughout the EU, organized by the European Data Protection Board (EDPB).

CPRA involves fewer financial fines: unintentional violations should result in a fine of $2,500, whereas intentional violations or violations related to minors should be fined $7,500, which is enforced by the California Privacy Protection Agency (CPPA). Every record of a consumer is a violation. A massive data breach of biometric data in a transnational technology company could thus initiate comparable implementation in California as well as the EU.

How Facia Simplifies CPRA & GDPR Biometric Compliance

Businesses working with biometric technology may find it difficult to navigate the CPRA and GDPR because of the stringent consent regulations and the expanded interpretation of sensitive data. The differences may cause severe problems for firms that are operating internationally.

Facia is not a regulatory compliance service but offers facial verification technology, intended to be used in accordance with GDPR and CPRA guidelines. The platform is a privacy-focused platform that keeps biometric data secure without interfering with the user experience. Businesses can incorporate Facia facial verification SDKs, select on-premises deployment to have complete data control, or employ off-site verification to help prevent fraud and protect identities with minimal exposure of sensitive data.

Using Facia, organizations are assured of deploying secure and compliant biometric technology, ahead of regulatory requirements, without losing consumer confidence.