Protection of Biometric Data: A Comparative Analysis in Relation with Right to Privacy Law between India, UK, USA and Bangladesh.

Abstract

The development of biometric technology is the latest technologies of unique identification. The citizens of every country in the world are used to this exceptional identification technology for their authentication safety. The aim of this research paper is to compare the law and rules of the protection of biometric data in relation to right to privacy in UK, USA, India and Bangladesh. Biometric technology is entirely depending on personal data i.e., facial scan, fingerprint scan, eye scan and so forth. Personal data is violated by using technology in every step. So, violation of personal data would be considered as violation of right to privacy. Hence, this research paper, as I previously mentioned is to compare the protection of biometric data in relation to right to privacy in UK, USA, India and Bangladesh respectively. Therefore, the law and regulation of the said countries are also discussing in this research paper. The finding of this research paper is to comparative analyses of legal framework of the protection biometric data in relation to the right to privacy in abovementioned countries. While doing this research paper, it will find that the finest legal framework exercise of the protection of biometric data in relation to right to privacy among the aforementioned countries, it will find that UK has the best legal framework by practicing UK General Data Protection Regulation (GDPR). This is because, the protection of biometric data in relation to right to privacy is well respected and protected in UK among USA, India and Bangladesh. In UK they are ensuring the protection of biometric data in relation to right to privacy through the comprehensive protection of biometric data in relation to right to privacy law i.e., UK GDPR. However, in USA, they have not any comprehensive law of protection of biometric data 5 in relation to right to privacy. For this reason, the states of USA rely on the Biometric Information Privacy Act, since 2008, which was firstly passed by the Illinios state among 50 states of USA. Many states i.e., Taxes, Washington and so forth in USA are incorporating their protection of biometric data in relation to right to privacy in light of BIPA. This is because, BIPA provides the comprehensive legal framework of the protection of biometric data in relation to right to privacy. In India, they did not recognise the right to privacy law as fundamental rights, but after the pronouncement of Aadhaar1 case, the Supreme Court of India recognised the protection of biometric data in relation to right to privacy as fundamental right by amending Section 57 of the Aadhar Act 20162. Consequently, in Bangladesh the right to privacy is guaranteed under Article 43 of the Constitution of Bangladesh as fundamental right. However, Bangladesh did not legislate or recognise any law for the protection of biometric data in relation to right to privacy. Therefore, the finding of this study is that the developing countries i.e., Bangladesh and India can legislate new rules and law in light of UK GDPR for the protection of biometric data in relation to right to privacy