National Regulator Responds to Growing Use of Biometrics
In August 2025, the Office of the Privacy Commissioner of Canada (OPC) issued significant new guidance for private organizations using biometric technologies, including facial recognition, fingerprint analysis, and voice authentication. As these tools are increasingly adopted for verification and security, Canadian businesses must navigate new regulatory expectations and heightened privacy standards.
Legitimate Reason Required for Biometric Collection
Organizations now need to document a valid and proportionate reason for every practice involving biometric data. Convenience alone no longer suffices; a clear necessity must be shown, and high-risk purposes like broad surveillance are discouraged. Compliance with PIPEDA and other privacy statutes remains essential.
Explicit Permission and Real Alternatives
Express, informed consent is required before gathering biometric details. Businesses must explain the specific purpose, usage, and potential risks, and, where possible, offer clients alternative, non-biometric options for accessing services.
Data Minimization and Limiting Retention
The OPC expects companies to collect only the minimum biometric data needed, avoid centralized storage when possible, and destroy the information promptly when it is no longer needed. Client privacy is better protected when templates remain on personal devices rather than in large databases.
Strengthened Security and Oversight
Enhanced safeguards (including cutting-edge encryption, threat assessments, and privacy impact reviews) are now strongly recommended. These measures help guard against misuse and unauthorized access, reflecting the inherent sensitivity and permanence of biometric identifiers.
Steps for Ontario Businesses
Local businesses should update privacy strategies to address these changes. Careful review of consent procedures, technical protections, and business rationales for biometrics is crucial. Early legal consultation can ensure PIPEDA compliance and readiness for federal or provincial enforcement.
Flaherty McCarthy LLP remains fully engaged with privacy law developments and stands ready to help clients stay ahead of federal and provincial requirements. Our team closely tracks regulatory updates and offers tailored advice to ensure privacy practices meet the highest standards and client needs.
