I thank my noble friend Lord Holmes, the noble Baroness, Lady Jones, and the noble Lord, Lord Clement-Jones, as well as other co-signatories for detailed examination of the Bill through these amendments.
I begin by addressing Amendments 197A, 197B and 197C tabled by my noble friend Lord Holmes, which seek to establish a biometrics office responsible for overseeing biometric data use, and place new obligations on organisations processing such data. The Information Commissioner already has responsibility for monitoring and enforcing the processing of biometric data, and these functions will continue to sit with the new information commission, once established. For example, in March 2023 it investigated the use of live facial recognition in a retail security setting by Facewatch. In February 2024, it took action against Serco Leisure in relation to its use of biometric data to monitor attendance of leisure centre employees.
Schedule 15 to this Bill will also enable the information commission to establish committees of external experts with skills in any number of specialist areas, including biometrics, to provide specialist advice to the commission. Given that the Information Commissioner already has responsibility for monitoring and enforcing the processing of biometric data, the Government are therefore of the firm view that the information commission is best placed to continue to oversee the processing of biometric data. The Bill also allows the new information commission to establish specialist committees and require them to provide the commission with specialist advice. The committees may include specialists from outside the organisation, with key skills and expertise in specific areas, including biometrics.
The processing of biometric data for the purpose of uniquely identifying an individual is also subject to heightened safeguards, and organisations can process such data only if they meet one of the conditions of Article 9 of UK GDPR—for example, where processing is necessary to comply with employment law provisions, or for reasons of substantial public interest. Without a lawful basis and compliance with relevant conditions, such processing of biometric data is prohibited.
Amendments 197B and 197C in the name of my noble friend Lord Holmes would also impose new, prescriptive requirements on organisations processing, and intending to process, biometric data and setting unlimited fines for non-compliance. We consider that such amendments would have significant unintended consequences. There are many everyday uses of biometrics data, such as using your thumbprint to access your phone. If every organisation that launched a new product had to comply with the proposed requirements, it would introduce significant and unnecessary new burdens and would discourage innovation, undermining the aims of this Bill. For these reasons, I respectfully ask my noble friend not to move these amendments.
The Government deem Amendment 238 unnecessary, as using biometric data—