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30: Use of biometric information in decision making
or “How biometric data can be used for immigration decisions and identity checks”

You could also call this:

“Rules for collecting and storing your physical identity information”

You need to know about how biometric information is collected and stored under the Immigration Act 2009. Biometric information is data about your physical features, like fingerprints or eye scans.

This information can be collected using a computer system or in other ways. The people who can collect it are immigration officers, refugee and protection officers, or someone working for them.

When they collect and use your biometric information, they have to follow the rules set out in the Privacy Act 2020. This means they have to be careful with your personal information and use it properly.

The law makes it clear that following the Privacy Act is really important when dealing with biometric information.

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Next up: 32: Department to undertake privacy impact assessment

or “Department must assess privacy impacts when collecting biometric data”

Part 2 Core provisions and matters in relation to decision making
Automated decision making and biometric information

31Collection and storage of biometric information

  1. Biometric information collected under this Act may be collected, using an automated system or otherwise, by—

  2. an immigration officer or a refugee and protection officer; or
    1. an agent or person on behalf of an immigration officer or a refugee and protection officer.
      1. Biometric information must be dealt with in accordance with the Privacy Act 2020.

      2. Subsection (2) is for the avoidance of doubt.

      Notes
      • Section 31(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).