ABSTRACT
The European legal framework for addressing threats by biometrics to privacy and related interests has strong roots in doctrines and rules for the protection of human rights. These rules are manifest primarily in the European Convention on Human Rights and Fundamental Freedoms (ECHR), particularly the provisions of Article 8 dealing with the right to respect for private life, family, home and correspondence. As shown further in this chapter, respect for people’s private lives implies legal protection for physical privacy and informational privacy. At the same time, the collection and further processing of biometric information, particularly by automated means, raises specific concerns about data protection which are covered by a range of legal instruments dealing specifically with data protection. Central among these instruments is the EU Data Protection Directive and the Council of Europe’s Convention on Data Protection. Thus, this chapter devotes considerable attention to the provisions of the Directive, Data Protection Convention and the ECHR.
