Biometric data landscape in Southeast Asia: Challenges and opportunities for effective regulation

Abstract

Technology evolves at a breakneck pace. As a result, legislatures are often unable to enact laws that can keep pace with technological changes. The dissonance between the state of the law and the state of technology intensifies with respect to biometric data because the purposes of biometric data use evolve, the types of biometric data expand, and its collection, processing and use have shifted from conventional biometric systems to online platforms. This dissonance is exemplified in the Association of Southeast Asian Nations, where no regional legal instrument regulates biometric data even though governmental agencies, private entities and social media platforms actively employ biometric data and artificial intelligence systems. At national level, only five countries, Malaysia, Singapore, Indonesia, Thailand, and the Philippines, have enacted omnibus data protection legislations that afford some protection to biometric data and govern its use. This article analyses these data protection legislations and assesses their suitability in protecting and governing biometric data in the contemporary era. It identifies common trends amongst the five countries and concludes that more needs to be done to protect biometric data and rights of data subjects. Thereafter, it makes recommendations for changes to improve the state of biometric regulation in Southeast Asia.