What does the LGPD provide for the use of facial recognition technologies?

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In the aforementioned case of the São Paulo subway, the concessionaire company was ordered to pay R$100,000 in compensation for moral damages and was prevented by the courts from capturing images, sounds and any other personal data of users through facial recognition equipment without prior consent.

The judge who issued the decision in the first instance used as a basis the need for special protection of biometric data, which are classified as sensitive data ( art. 5 of the LGPD, II ). For the processing of this type of personal data, the preferential legal basis requires the collection of free, clear, specific and highlighted consent (art. 11 of the LGPD, I).

However, it is important to know that there are gambling data singapore exceptions to consent, and facial recognition may fall under one of these exceptions, depending on the context. The most important thing is to use the technology in a way that is compatible with the principles of necessity, transparency, data quality and non-discrimination (art. 6 of the LGPD, III, VI, V and IX). It is the legal duty of organizations to guarantee that holders of personal data have clear, accurate and easily accessible information about the processing of their biometric data, observing, of course, commercial and industrial secrets.

The LGPD also provides that data subjects have the right to request the correction, deletion or blocking of such data. In addition, companies that collect and process facial biometric data must adopt appropriate security measures to protect such data against unauthorized access and other risks.