Apply Article 9 conditions alongside an ordinary GDPR | AIGP
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Apply Article 9 conditions alongside an ordinary GDPR: Which governance approach is required?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Facial features used to uniquely identify an applicant are biometric special-category data requiring Article 9 and ordinary GDPR conditions.

The question

Under the GDPR in the European Union, an employer uses facial comparison during employment screening to determine whether an applicant is the person shown on an identity document. The system processes facial features for uniquely identifying the applicant. Which governance approach is required?

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  1. Rely on the applicant’s photograph being voluntarily supplied.
    Voluntary submission does not itself establish an Article 9 exception or satisfy the full GDPR requirements for biometric identification.
  2. Apply Article 9 conditions alongside an ordinary GDPR lawful basis. ✓
    Biometric data used for uniquely identifying a person require an applicable Article 9 exception as well as a lawful basis and other GDPR duties.
  3. Treat the facial comparison as ordinary applicant data.
    Processing facial features for uniquely identifying a person makes the data biometric special-category data under GDPR Article 9.
  4. Use the system freely because employment screening is not healthcare.
    Special-category treatment depends on biometric purpose and context, not whether the processing concerns healthcare or employment.
The trap
Focus on the purpose and processing method: unique identification is the decisive biometric condition.

How to remember it

Facial features used to uniquely identify an applicant are biometric special-category data requiring Article 9 and ordinary GDPR conditions.

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