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Biometric Data Retention for Passport Applicants and Holders

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Biometric Data Retention for Passport Applicants and Holders Biometric Data Retention for Passport Applicants and Holders March 2014 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.law.gov Biometric Data Retention for Passport Applicants and Holders Ruth Levush Senior Foreign Law Specialist (Coordinator), and the Staff of the Global Legal Research Directorate The following table compares the regulation of biometric data obtained in connection with passport applications and the preservation of such data in fifteen selected countries. Country Availability Purpose Access Duration of Biometric Database of Database to Data of Data Storage Argentina Biometric data collected Criminal investigation; Federal Police, Border Decree 1766/2011 creating includes fingerprints and national security2 Patrol, Coast Guard, SIBIOS does not include a photographs.1 Airport Security Police, time limitation for data National Registry of storage. However, the Individuals, and National Law on Personal Data Directorate of Migration3 Protection states that data must be destroyed when no longer need for the purpose for which it was collected.4 Australia The Australian Passport Passport applicant Information held in the Relevant legislation does Database stores photographs are compared Australian Passport not specify timeframes for information about to images from any Database, including data storage but passport passport applicants, previously held Australian photographs,7 may only be applicants’ personal including digitized travel document. This disclosed to “a person information is subject to photographs. Digitized includes digitally matching specified in a Minister’s the Australian Privacy The Law Library of Congress 1 Biometric Data Retention for Passport Applicants and Holders photographs are the only photographs against facial determination” for the Principles contained in the biometric information biometric information held purposes of performing Privacy Act 1988 (Cth).11 collected from applicants in the Australian Passport functions under the That Act provides that, and are also contained in Database to “ensure that Australian Passports Act where personal an Integrated Circuit Chip the person has not applied 2005 (Cth).8 Particular information is no longer embedded in ePassports, for a travel document in disclosure purposes are set needed for any purpose for which have been issued another name.”6 out in the Act9 and relevant which it may be used or since October 2005.5 persons to whom disclosed, the relevant information may be entity must “take such disclosed for each purpose steps as are reasonable in are specified in a the circumstances to Determination.10 destroy the information or to ensure that the information is de‑ identified.”12 Brazil The Brazilian passport Processing of passports Federal Police, and Deletion date unspecified16 database (Sistema and record keeping14 possibly other official Nacional de Passaporte, institutions that may enter SINPA) includes personal into an agreement with the data and biometric Federal Police15 information (facial image and two fingerprints) of passport holders, which is also found in a chip that has been inserted in the passport’s cover page since 2010.13 Canada Canada maintains a facial The purpose of the facial Data from the facial Unspecified recognition database that recognition database is to Recognition Database is uses biometric data to match the photo submitted accessed and used by The Law Library of Congress 2 Biometric Data Retention for Passport Applicants and Holders help screen passport or by passport applicants Passport Canada. No travel document against facial biometric policy or legislative applicants.17 The Office information held in the framework was identified of the Privacy Passport Database.19 regarding “use, disclosure, Commissioner (OPC) is retention, [or] disposal of working with the Passport biometric identifiers”20 in Office to “avoid the accordance with privacy development of protections under the centralized databases Canadian Charter of containing biometric Rights and Freedoms21 and information.”18 the Privacy Act.22 France Biometric and civil status The principal purpose of The ETS database may be Fifteen years for data related to passport the TES database appears accessed by authorized information related to the applications is kept in a to be the processing of government personnel for passport of an adult, ten national database called passport applications, the purpose of processing years for information TES.23 deliverances and renewals, passport applications and related to the passport of a and the prevention of issuing passports.25 Law minor, and ten years for passport falsification.24 enforcement personnel information related to a assigned with verifying the service or mission authenticity of passports passport.28 and the identity of passport-holders may access the data stored on the microchip of individual passports.26 Specially authorized law enforcement and intelligence personnel may access the national TES database for antiterrorism purposes.27 The Law Library of Congress 3 Biometric Data Retention for Passport Applicants and Holders Germany The German Passport Act Biometric data contained Passport and law Biometric data used to states that Germany will in the passport may be enforcement agencies may verify authenticity of an not have a federal used only to verify the access biometric data individual passport or database of biometric identity of document and contained in individual identity of its holder must passport holder.32 The Passport passports to verify the be erased after this data. 29According to the Register serves to issue identity of the holder of the examination is same Act, the Passport passports and verify their passport by comparing the concluded.37 Register contains authenticity, identify biometric data stored in the Personal data contained in photographs and relevant persons possessing or passport with the biometric the Passport Register must personal data of passport holding a passport, and to data observed in the be stored until new holders and nothing implement the Passport holder.34 Access to passport is issued, but no else.30 Fingerprints may Act.33 Passport Register limited longer than five years after not be stored after a to passport agencies for expiration of passport.38 passport is issued.31 passport-related purposes35 and to other agencies, as authorized by law.36 Hong Kong Hong Kong does not N/A N/A Retention of immigration appear to have any records is generally subject legislation specifically to the Personal Data regulating such a (Privacy) Ordinance, database. Hong Kong which provides only started issuing electronic general rules on data biometric passports in protection. 2007. The Passports Ordinance was not changed for that purpose. Israel On a trial basis: Identification and According to the Law, the Preliminary Biometric identification verification of ID and Registry will be implementation of the Law data of facial travel documents.42 maintained by the Agency from Jan. 1, 2013–Dec. 31, characteristics and of for Biometric Databank 2014, is designed to The Law Library of Congress 4 Biometric Data Retention for Passport Applicants and Holders fingerprints39 are being Management in the examine its impact on collected and stored on a Ministry of Interior volunteers and the utility voluntary basis during a (MOI).43 Data will be of maintaining and using test period40 from Jan. 1, accessible by authorized the biometric databank.46 2013 to Dec. 31, 2014.41 MOI employees for Biometric data used to purposes of issuing ID verify authenticity of an documents;44 and by individual passport or policemen, prison wardens, identity of its holder must authorized employees of be erased after this the Defense Authority, examination is soldiers, the security concluded.47 personnel of the Knesset (Parliament) and other public bodies, guards employed by the agency for the protection of witnesses, and other employees of public bodies responsible for verification of identification by law.45 Japan Japan has a database that The principal purpose of Access is regulated by the Not specified stores application forms the database is to process general personal for passports, which passport applications, information protection law. include applicants’ prevent double issuance, photos.48 There is no and find false applications. separate database to store the biometric data of all passport applicants. South Korea The Ministry of Foreign To carry out passport Data is only for passport The period of keeping and Affairs has a database on operations operations. Specifically, management of names, dates of births, fingerprints cannot be fingerprints cannot exceed The Law Library of Congress 5 Biometric Data Retention for Passport Applicants and Holders photos, fingerprints, collected, kept, and three months. Storage addresses, passport managed for any purpose time for other personal issuance records, etc., of other than that of information is not passport holders. confirming the applicants specified. There is no separate themselves in the process database to store passport of issuing the passport. applicants’ biometric data.49 Mexico The website of Mexico’s N/A N/A N/A Department of Foreign Relations (DFR) indicates that biometric data (fingerprints and photograph) are collected from passport applicants.50 Mexico’s Passport Regulation51 and a website maintained by the DFR52 briefly mention a passport database but do not provide details. New
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