Duty LXD-1320
Processes biometric data, in the United Kingdom
Consumer Rights Act 2015, section 46, remedy for damage that digital content causes to a consumer's device or other digital contentsince 3 lines
Consumer Rights Act 2015, c. 15, s. 46 · Read the law's page
- This binds a trader that supplies digital content to a consumer under a contract; a trader acts for purposes relating to its trade, business, craft or profession, and a consumer is an individual acting wholly or mainly outside them (sections 2(2), 2(3) and 46(1)).
- If your digital content damages the consumer's device or other digital content, and the damage would not have occurred had you exercised reasonable care and skill, repair the damage within a reasonable time and without significant inconvenience to the consumer, bearing the necessary costs, or compensate the consumer with an appropriate payment (section 46(1) to (3)).
- Pay any compensation without undue delay and within 14 days of agreeing that the consumer is entitled to it, and charge the consumer no fee for the payment (section 46(5) and (6)).
UK GDPR Article 9, Special Categories of Personal Data Including Biometric Datasince 2 lines
UK GDPR, Art. 9; Data Protection Act 2018, Sch. 1 · Read the law's page
- Obtain explicit consent, or establish another UK GDPR Article 9(2) or Data Protection Act 2018 Schedule 1 basis, before capturing or storing a faceprint, voiceprint, or other biometric identifier derived from a photo, video, or audio recording, whether or not the source recording itself was publicly available.
- Treat biometric data as covered from the moment you collect it once you have determined a purpose of unique identification, not only from the point you actually perform identification or verification, per the ICO's Biometric recognition guidance.