The Office of the Privacy Commissioner (OPC) has given us an early Christmas present and confirmed that we will see a Biometrics Processing Privacy Code of Practice (Biometrics Code) issued in the new year. A new draft of a Biometrics Code, updated from the exposure draft published in April, is now live for consultation. 

Changes from the April exposure draft

In April, we commented on the initial features of the draft Code, and what they could mean for you – you can take a look at our comments here. 

The OPC’s guidance indicates they have considered feedback on the April exposure draft and made some changes to address concerns, such as an increase in the commencement period, a simplification in the proposed notification rules, and a simplified test for assessing whether biometrics are necessary and appropriate. Definitions have also been reduced to make the Code less technical.

Consultation is open

The OPC has asked for your say on what you think about the updated Biometrics Code. The main questions that the OPC is interested in hearing responses on are:

• Should organisations assess whether using biometrics is proportionate, and be required to put in place privacy safeguards if they do use biometrics?
• Should people know about the use of biometrics beforehand, and should organisations have to provide additional information about the processing?
• Should there be limits on some uses of biometric information, like biometric emotion analysis and types of biometric categorisation?

You can send your thoughts to the OPC up until 14 March 2025 by emailing biometrics@privacy.org.nz. 

What’s next

We’re getting closer and closer to a Biometrics Code being in force in New Zealand. If you are unsure about how the Biometrics Code may affect you or your business, or if you would like assistance with preparing a submission to the OPC, we are here to help. Get in touch with Hayley Miller, Campbell Featherstone, Hayden Wilson, Güneş Haksever or Ashleigh Ooi. We have extensive experience advising on:

• the introduction of new technologies;
• the collection, use and processing of all types of personal information; 
• some of the most cutting-edge biometric technologies; and
• helping our clients prepare their submissions to new and proposed laws.

This article was written by Zach Sutich, Summer Clerk, and Ashleigh Ooi, Senior Associate in our Commercial, Technology and Privacy team.