MontenegroLaw on Personal Data Protection, biometric measures
Law on Personal Data Protection, arts. 31-32 (biometric measures)
In force since .
A biometric privacy rule binding public and private bodies.
- Obligation class
- Biometric, Access restriction
- Audit expectation
- none
What it requires
- Perform biometric measures, meaning the establishment and comparison of personal traits by processing biometric data to establish or prove an individual's identity, only in accordance with this law, under Article 31.
- Apply a biometric measure in the public sector only in connection with entry into business or official premises and the presence of employees at work, only where a law prescribes it, and prescribe it only where it is necessary for the safety of persons or property or to protect secret data or business secrets and that cannot be achieved another way, or to carry out international treaty obligations and establish the identity of persons crossing the state border, under Article 32.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 31 permits biometric measures in accordance with the Law and Article 32 lets the public sector apply them for entry to premises and staff attendance where a law prescribes them, for safety, secrecy or treaty duties. Neither article states a duty to create, keep or produce a log or record. The entry-and-exit record of Articles 33 and 34 and the access record of Article 24(3) sit outside the cited articles. Article 5, the territorial scope clause, is not cited by this row, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 31 permits biometric measures, meaning the establishment and comparison of a person's traits by processing biometric data in order to establish and prove their identity, to be performed in accordance with this law.
Article 32, paragraph 1 lets the public sector, meaning the state authority, public administration body, local self-government and local administration authority, commercial enterprise or other legal person and an entrepreneur exercising public authority, apply biometric measures in connection with entry into business or official premises and the presence of employees at work, if a law prescribes the measures.
Under Article 32, paragraph 2 the measures may be prescribed where necessary for the safety of persons or property or to protect secret data or business secrets, if that cannot be achieved another way, or to carry out obligations under international treaties and establish the identity of persons crossing the state border. The Law as first enacted came into force on and has applied since .
When LexLint raises it
When your app profile says your app processes biometric data.
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