Karsten Wenzlaff, Advisor
August 26th, 2025
Karsten Wenzlaff is a Crowdfunding and Fintech Expert from Germany. He is Secretary-General of Digit[...]
Ottawa Issues New Guidance for Biometric Privacy in Canada
Biometric Guidance | Aug 13, 2025
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Canada Updates Privacy Rules for Federal Institutions and Businesses Using Biometrics
On August 11, 2025, the Privacy Commissioner of Canada (OPC) released final guidance on handling biometric information such as facial recognition, fingerprint scanning, and voice identification.
how federal institutions and businesses must handle biometric information such as facial recognition, fingerprint scanning, and voice identification. The new privacy guidance applies to federal institutions and businesses across all sectors and follows more than a year of public consultation that included input from 34 written submissions and 31 stakeholder meetings. The updated guidance is Canada's response to mounting privacy risks thanks to the rapid growth of using biometric technology in authentication, security, and service delivery.
Why Biometric Data Needs Extra Protection
Biometric data is uniquely tied to an individual’s body and remains consistent over time, making it valuable for verification and sensitive for privacy, but it can reveal health indicators, racial and gender characteristics, and other personal details. Unlike passwords, it cannot be replaced if compromised.
The permanent nature and sensitivity of biometric data increases the risk for organizations collecting, storing, and processing without special safeguards. As the OPC guidance states, "Biometric information is sensitive personal information, and in most cases, it should be treated and protected as such."
See: US Financial Surveillance Report Shows Privacy in Crisis
Philippe Dufresne, Privacy Commissioner stressed:
“Organizations need to approach the use of biometric information in a privacy-protective way, building privacy considerations at the beginning of any new program or initiative.”
Compliance for Businesses Under PIPEDA
The guidance for private sector organizations clarifies when and how biometrics can be collected, used, and disclosed under the Personal Information Protection and Electronic Documents Act (PIPEDA). Businesses must ensure there is a clearly defined and appropriate purpose for any biometric program, supported by a proportionality test to weigh benefits against privacy risks.
They must also obtain meaningful consent from individuals, be transparent about how data will be used, ensure systems are accurate through testing, and apply robust security measures to prevent unauthorized access.
Federal Institution Obligations Under the Privacy Act
Federal institutions adhere to similar principles under the Privacy Act but face additional obligations. They must identify lawful authority before collecting biometric data and conduct a formal Privacy Impact Assessment to evaluate risks and mitigation strategies.
See: Can Cloned Voices Crack Bank Security? Need to Know
The federal guidance simplifies the rules for doing impact and risk assessments so they are easier to follow when planning a program. It also asks federal institutions to think carefully about whether biometrics are truly needed, if the benefits outweigh the privacy risks, and whether other options could work before moving ahead.
Key Changes After the Public Consultation
The final guidance incorporates several adjustments based on stakeholder feedback, including clearer definitions of sensitive information, closer alignment with legal requirements, more detailed technical explanations and best practices, refined consent guidance for private sector use, and expanded discussion of lawful authority for public sector programs.
| Area | Private Sector (PIPEDA) | Federal Institutions (Privacy Act) |
| Legal authority | No specific law needed, but must have a clear, appropriate purpose | Must confirm lawful authority before collecting biometrics |
| Risk assessment | Should assess proportionality and risks, but not formally required | Must complete a formal Privacy Impact Assessment |
| Consent | Must get meaningful, informed consent | Consent may not apply if collection is legally authorized |
| Proportionality | Required to weigh benefits vs privacy risks | Required with added focus on necessity and exploring alternatives |
| Security safeguards | Must apply strong protections to prevent misuse | Same requirement, plus oversight within government frameworks |
Impact on Financial Technology and Digital Services
For fintechs, payment providers, and digital identity innovators, the guidance sets a higher compliance bar for wherever biometric services may be used, such as customer on-boarding, fraud prevention, and authentication. Companies will need to integrate privacy risk analysis into early product design, justify and write-down decision-making, and ensure biometric tools are tested for accuracy and fairness.
See: Meta Agrees to Pay $14B to Texas for Data Privacy Settlement
Meeting these requirements will add compliance costs but will be important to maintain consumer trust and avoiding regulatory scrutiny as biometric use expands in financial services.
Outlook for Biometric Governance in Canada
With it's latest guidance, the Privacy Commissioner is making biometric governance a core compliance area in Canada. For fintechs, this is both a regulatory obligation and a competitive opportunity. Those that build privacy into biometric solutions from the beginning can improve market credibility while remaining compliant.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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