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Model Regulation For Data Privacy In The Application Of Biometric Smart Card

Model Regulation For Data Privacy In The Application Of Biometric Smart Card
Sinta Dewi
Universitas Padjadjaran, Brawijaya Law Journal Vol.4 No.1 2017, eISSN 2503-0841 pISSN 2356-4512, DOI: http://dx.doi.org/10.21776/ub.blj.2017.004.01.06
Bahasa Inggris
Universitas Padjadjaran, Brawijaya Law Journal Vol.4 No.1 2017, eISSN 2503-0841 pISSN 2356-4512, DOI: http://dx.doi.org/10.21776/ub.blj.2017.004.01.06
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Notwithstanding the foregoing, the use of this technology has raised many concerns with regard to the need of privacy data protection. It is due to the fact that biometrics technology as a powerful identifier brings along personal information that can be traced from different sources to be linked together, and also the ability of third parties to access this data in identifiable form and link to other informations and used this information for secondary uses without the consent of data subject. Data privacy is considered as fundamental human rights and has been regulated in a number of international instruments as well as regional instruments and has been incorporated into more than 100 national laws. Countries have now recognized data privacy either as explicit constitutional rights, or in the form of comprehensive data privacy law. This article discusses the extent to which the use of biometric smart card as a tool to examine the identification has been increasingly utilized due to its advantages, such as ability to achieve a high level of accuracy, the system cannot be easily duplicated as well as high level of security, since it involves biological characteristics like fingerprints, iris and DNA. It further explores data privacy model regulation which is intended to regulate and protect data privacy. This article concludes that data privacy is a legal right regulated and controlled by both international and national instruments, and the use of biometric smart card often viewed as a conlict between the need of security and how far the system protects data privacy. The model of regulation approach, known as hybrid model, is aimed to ensure privacy data protection. Such hybrid model of regulations should combine 4 (four) approaches namely; government regulations, social norms, corporate privacy rules and technical regulations.

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