qr code generator c# library 15: The Law and Private-Sector Use of Biometrics in Software

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15: The Law and Private-Sector Use of Biometrics
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physically secure Data collectors should explore the option of encrypting the biometric data to help further safeguard the information from disclosure (Perhaps, policymakers should consider providing criminal sanctions for willful disclosures, or consider providing for the recovery of civil damages when biometric identification information is disclosed without the consent of the individual) Assuming one decides to give this five-prong CFIP-based biometric blueprint or any other approach the force of law, one has to determine who should pass the law Specifically, if there oughta be a law, then should Congress or the various state legislatures take action Federal legislation offers the advantage of providing a uniform standard of privacy protection across the United States Any organization using biometrics would only need to look to the federal law and its implementing regulations to know what is needed to ensure legal compliance On the other hand, some states might move more quickly and provide more extensive privacy protection than Congress, while some states might do nothing Thus, the various states might take widely divergent approaches to regulation of biometrics, which would require end-users to comply with many different state laws
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This biometric blueprint admittedly is a forward-looking approach to how the law can sensibly regulate this emerging technology It presumes that privacy concerns related to biometrics can best be accommodated by legislative enactment of a limited, yet uniform biometric blueprint to provide a framework to address legal and policy issues related to the private-sector s use of biometrics Not all will agree with this approach Many will advise that it is not needed; others will claim the time is not right, as the technology is still relatively new As biometric applications become more common, so too will the law and policy concerns of biometrics become more commonplace We are now eyeball to eyeball with a new, exciting technology that can be used in robust ways by the private sector Congress and the states have encouraged this approach by enacting laws to encourage the use of biometrics as an e-signature in e-commerce and e-government transactions With respect to the law as a regulator of privacy, a biometric blueprint based on a CFIP approach can be used to make this dynamic technology even more acceptable and beneficial for private-sector use It is surely better to have a far-sighted biometric policy that deals with the face of a new technological reality now than to point fingers of blame later
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Review of Selected Biometrics Programs
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The public sector has been a major supporter, deployer, and user of various biometric technologies for years In fact, these public-sector efforts with respect to biometrics have been critical to the success of the technology as well as the biometric industry In 3, for example, Peter Higgins explained how law enforcement s need spurred research and development of large-scale automated fingerprint identification systems, like the FBI s IAFIS The examples that follow in this chapter try to capture the flavor of how the government and military are using biometrics1
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This chapter draws, in part, on the author s previous work, published in John D Woodward, Jr, Katharine W Webb, Elaine M Newton, et al, Army Biometric Applications: Identifying and Addressing Sociocultural Concerns, (RAND 2001) in Appendix B: Program Reports Julius Gatune provided valuable research assistance
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Biometrics
Currently, six states use large-scale biometric applications in social service programs: Arizona, California, Connecticut, Massachusetts, New York, and Texas Pennsylvania is considering implementing a system These various state programs all share the goal of using biometrics to prevent fraud in the form of double-dipping, or multiple enrollments, defined as having the same person enrolled in a system multiple times using multiple aliases collecting multiple payments Double-dipping can be prevented by the biometric program s capability of negative identification, or performing a one-to-many search to make certain that an individual is not already enrolled in the system By linking identity to the person s biometric, instead of the person s name, a person can only enroll in the system once because all the biometric records of those enrolled in the system will be searched for matches A new enrollee should not be in the system and when the search is done, no matches should result the identification comes back negative Although the biometric cannot prevent someone from initially enrolling in the system in an alias name, it does freeze or fix the person s identity (true name or alias name) by fixing the name to the biometric thereafter
In California, the Los Angeles County Department of Public Social Services (DPSS) began the Automated Fingerprint Image Reporting and Match (AFIRM) biometrics program, known as LA AFIRM LA AFIRM became the grand daddy of civil AFIS welfare systems It has since been superceded by a new statewide system Owing to its grandfatherly status, it merits discussion DPSS used ink-and-paper fingerprints as early as 1986 In 1988, a steering committee approved automated fingerprint matching By 1991, DPSS launched a pilot program using automated fingerprinting By the end of 1994, the program had been deployed to 25 DPSS district offices, including 300,000 participants who must be fingerprinted These include adults receiving AFDC payments, minor parents receiving payments, and adults collecting payments for children The biometric used consists of templates made from the two index fingers DPSS made appointments for enrollment Those unable to make their appointments were given additional time to comply After that period, if an adult failed to report for an appointment, adult benefits were cut off, although children s benefits continued If an adult continued to refuse to enroll, the case was
David Mintie of Connecticut s Department of Social Services generously shared his subject matter expertise with respect to how various states use biometrics in social service programs
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