Investigation Summary: Ryder Review Unveiled
A forthcoming policy report is set to provide valuable recommendations for the regulation of biometric technologies, focusing on their governance and potential impact on privacy, security, and ethical considerations.
The report, which has been developed through desk research, public engagement research, and analysis of current legislative developments, offers key findings and policy recommendations that aim to balance innovation with privacy, security, and ethical concerns.
One of the key findings in the report is the regulatory ambiguity surrounding terms like "commercial purpose" in biometric regulation, such as under the Texas Capture or Use of Biometric Identifiers Act (CUBI). This ambiguity has led to differing interpretations by users and providers, particularly concerning safety, security, and anti-fraud applications.
Another significant finding is the potential for harm from unregulated use of AI and biometric technologies, which can induce harm or self-harm, produce exploitative materials, or infringe on individual rights. The public-sector use of AI for "social scoring" and non-consensual biometric data collection are areas of particular concern.
The report also highlights the growing recognition that individuals may make their biometric data publicly available, raising new challenges for privacy and consent mechanisms. Laws are being updated to address how such data is handled if disclosed by the individual or third parties.
At the federal level, there is an ongoing debate about the consolidation and expansion of biometric data management, particularly within agencies like the Department of Homeland Security and Customs and Border Protection. This expansion raises civil liberties and national security concerns.
In response to these findings, the report offers a series of policy recommendations. These include clearly defining key terms such as "commercial purpose" and delineating the boundaries of lawful biometric use to reduce ambiguity and ensure consistent enforcement.
The report also recommends requiring robust notice and consent mechanisms for biometric data collection, with exemptions addressed for publicly available data and specific security or anti-fraud purposes. Exemptions should be narrowly tailored to avoid undermining privacy protections.
Legislation should explicitly prohibit the use of AI and biometric technologies for harmful or exploitative purposes, such as inducing harm, facilitating self-harm, or enabling non-consensual social scoring.
Restrictions should be placed on government use of biometric technologies, requiring transparency, notification, and consent for deployments that interact with the public or collect sensitive data.
The report also emphasizes the need for entities deploying biometric or AI systems to have robust security measures and clear accountability for protecting personal data, with processors required to assist controllers in compliance.
Lastly, the report recommends that regulators should have the authority to enforce compliance and impose civil penalties for violations, providing mechanisms for remediation and oversight.
In summary, the report provides a comprehensive analysis of the current state and governance of biometric technologies, offering a set of ambitious policy recommendations aimed at policymakers, civil-society organizations, and academics working in the field. The findings and recommendations reflect the evolving landscape of biometric technology governance, balancing innovation with privacy, security, and ethical considerations.
The report proposes clear definitions for terms like "commercial purpose" in biometric regulation to minimize ambiguity and ensure consistent enforcement, recognizing the regulatory challenges introduced by these terms. Additionally, it recommends implementing robust notice and consent mechanisms for biometric data collection, with exemptions only for specific security or anti-fraud purposes to preserve privacy protections. Moreover, the report suggests explicit legislation prohibiting the use of AI and biometric technologies for harmful or exploitative purposes, and placing restrictions on government use of such technologies, ensuring transparency, notification, and consent for public interactions or collection of sensitive data.
