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This paper, aims to bring awareness that both private and public sectors in Kenya, are
embracing biometric technologies as a form of identity authentication and therefore, there is
urgent need to have laws that protect personal information shared with third parties.
Biometric technologies are automated methods of identifying a person or verifying a person’s
identity based on their physiological or behavioral characteristics. 1 Physiological
characteristics may include fingerprints, hand geometry, and facial, voice, iris and retinal
features. 2 Biometric technology captures and processes the person’s unique characteristics,
then verifies their identity
in comparison with a biometric sample that had been earlier
recorded by the person seeking verification. 3
In Kenya, biometric technology is being used in various ways. For example ,the use of
biometric system in the voter registration and identification process in the 2017 general
elections, use of facial recognition to access certain buildings, use of voice recognition to
access various services from network providers and also use of fingerprints to secure and
access one’s gadgets, homes and offices. This means that biometric technology is seen by
many as a more secure and convenient method to help go on with day to day activities.
Biometric identification involves one’s unique characteristics and if the data processor misuses
or shares them with anyone without consent then it becomes a matter of violation of privacy
rights. The privacy right is construed both in international laws that Kenya is party to as well
as the 2010 Constitution. 4
However, there is an urgent need to impose legal obligations on data processors so as to make
them accountable for the data they collect through biometric technology.
This paper, through various methods of research will be able to highlight the need for a data
protection law as well as suggest what should be included in the anticipated rules and
regulations |
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