Use of Biometric data in the discrimination of individuals for crime prevention purposes

Keywords: Human rights, biometric data, algorithms and biases, algorithmic discrimination, crime prevention

Abstract

The right to privacy is embedded in a digital society that recognises fourth-generation human rights. Every day, vast amounts of highly sensitive personal data are collected using biometric computer systems due to their accuracy and precision. However, the algorithms underlying these technologies may exhibit biases or tendencies towards people with certain characteristics, which can lead to discrimination on the grounds of gender, ethnic origin or other factors. There are cases where biometric systems have wrongly led to people being accused of committing a crime or have caused them harm in the workplace or in healthcare settings. This paper analyses these issues by examining current legislation, proposals for improvement, and the implementation of measures to ensure the correct use of biometric data in a manner that respects human rights and the protection of privacy.

Received: 21 November 2025
Accepted: 2 February 2026

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Author Biography

Silvia I. Verdugo Guzmán, Universidad Internacional de La Rioja (UNIR), Logroño. España

Profesora Titular (acreditada ANECA) de Derecho Penal

Published
2026-06-24
How to Cite
Verdugo Guzmán, Silvia I. 2026. “Use of Biometric Data in the Discrimination of Individuals for Crime Prevention Purposes”. Estudios De Deusto 74 (1), 435-57. https://doi.org/10.18543/ed.3586.
Section
Studies