In this article, we’ll look at what that means for your website and how to make sure you’re asking for the right kind of consent.
Key Takeaways on Biometric Data Collecting:
- Biometric data breaches are serious — Facial recognition, voiceprints, and behavioral tracking aren’t just personal—they’re permanent. Once exposed, there’s no reset button.
- explicit consent is a global standard—but not a uniform one — From GDPR and CPRA to newer laws in Brazil, Canada, Australia, and India, regulators are tightening rules around biometric data. But consent requirements still vary by region, so your setup needs to adapt accordingly.
- opt-out is out of date—and consent must stay flexible — Users need to actively say “yes” and just as easily take it back if they change their mind.
- Getting it wrong can cost you — Fines for misusing biometric data can reach €20 million under GDPR or $7,500 per incident under CPRA and BIPA.
- CookieScript helps keep it all in check — With tools like geo-targeting, customizable consent categories, 42-language support, automatic scans, and a Privacy Policy Generator, staying compliant doesn’t have to be a chore.
What is Biometric Data?
Biometric data is... well, it's personal. It's not like an email address. You can update it if it gets out. It's your face, your voice, stuff that actually is you. And once it's collected—or leaked—there's really no going back.
The thing is, websites and apps collect this stuff more often than most people probably realize. Some examples?
- Unlocking your phone with Face ID or a fingerprint
- Uploading a photo and behind the scenes, it's being scanned with facial recognition
- Talking to a voice assistant that logs your voiceprint
- Even stuff like how fast you type or how you move your mouse—yep, that's behavioral data, and it counts
Now, if that info gets misused? You're stuck. You can't exactly ask for a new face. That's why more and more privacy laws are stepping in—they see this as high-risk data. And they expect companies to actually say what they're collecting, explain why, and get explicit consent upfront.
A Look at How Global Privacy Laws Handle Biometric Data
Biometric data isn’t your average kind of personal info. You can’t reset it or swap it out like a password. A face scan, a fingerprint, your voice—that’s permanent. And because it’s so personal, privacy laws around the world are giving it extra attention. So, how do different regions treat it?
Let’s walk through how GDPR, CCPA/CPRA, and BIPA handle biometric data—and how the rest of the world is catching up.
The GDPR Perspective: Special Category Data and Consent
In the EU, the General Data Protection Regulation (GDPR) considers biometric data “special category data,” placing it alongside things like political views and medical history in Article 9. That label means extra care is required.
Want to collect this data under GDPR? You’ll need explicit consent—and not the vague kind buried in terms of service. It has to be specific, freely given, and clearly understood.
People should know exactly what they’re saying yes to, and they need an easy way to say no later. Even if your business isn’t based in Europe, if EU users visit your site, these rules still apply. No exceptions.
Organizations that violate the GDPR can face fines of up to €10 million or 2% of global annual turnover for minor breaches, and up to €20 million or 4% of turnover for more serious violations such as unlawful data processing or failure to respect user rights.
What CCPA/CPRA Say About Sensitive Information
Over in California, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) treat biometric data as sensitive Personal Information. It’s not labeled the same way as in GDPR, but the intent is similar: more control for individuals.
If your company collects this type of data, you need to be transparent. What are you collecting? Why? How’s it being used? And if that use goes beyond what a user would reasonably expect—or involves sharing the data—they must be able to limit it.
California’s focus leans more toward user choice and notice than forcing a checkbox for everything, but the expectation is still clear: don’t surprise people.
Organizations that violate the CCPA, as amended by the CPRA, can face fines of up to $2,500 per non-intentional violation, or $7,500 per intentional violation or those involving minors under 16.
BIPA: Illinois’ Strict Consent and Storage Requirements
Then there’s Illinois, which takes things even further. The Biometric Information Privacy Act (BIPA) sets a high bar. You can’t collect someone’s biometric data without written consent, and it has to happen before the data is captured—not after.
And there’s more: companies must be upfront about what data they’re collecting, how long they’re keeping it, and what happens to it when it’s no longer needed. No ambiguity. And these aren’t just guidelines—BIPA is enforceable.
A lot of companies have already faced lawsuits for ignoring it. So, even if you’re not based in Illinois, if a resident from there uses your site, this law still applies to you.
Other International Rules on Biometric Privacy
Of course, it’s not just Europe and the U.S. that care about this. Countries like Canada, Brazil, and Australia have passed or strengthened their own privacy laws—PIPEDA, the Privacy Act, and LGPD—that treat biometric data as sensitive and require clear consent for its use.
India’s Digital personal data Protection Act (DPDPA) is still being finalized, but is expected to take a strict stance on high-risk data like biometrics, too.
Bottom line? If your business reaches users in different parts of the world—and let’s face it, most do—you’ll need to follow more than just one set of rules. One-size-fits-all privacy approaches don’t cut it anymore. When it comes to biometric data, getting it right means more than staying compliant. It means earning trust.
How to Stay Compliant When Collecting Biometric Data?
As you've probably already gathered, collecting biometric data comes with higher stakes and stricter rules. Here’s what your website needs to do to stay compliant and avoid legal trouble.
- Go with opt-in, not opt-out — If you're collecting something as personal as someone's face or fingerprint, make sure they actually say "yes." Don't rely on pre-ticked boxes or silence. That's not consent.
- Be specific, not vague — People should know what biometric data you're asking for, what you plan to do with it, and—importantly—why you need it. The clearer you are, the better for everyone.
- Ask for explicit consent — And yes, that means the kind that's freely given, informed, and clearly tied to a specific use. If you're bundling it into a general agreement, that won't fly.
- Don't assume a no means yes — opt-out models don't cut it under laws like GDPR. If users need to "uncheck" something to protect their privacy, you're likely out of compliance.
- Split your requests — If you want to use the data in multiple ways (say, for login and analytics), don't group that into one checkbox. Ask separately, and let people choose.
- Make leaving easy — Someone gave consent? Great. But if they want out later, don't make them hunt for a way to withdraw it. It should be obvious—and simple, ideally explained in your Privacy Policy.
- Keep track — Save when and how the user said yes, and what exactly they were told. You may need to show proof later, especially if regulators come knocking.
How CMPs Help With Biometric Data Compliance
Biometric data brings more than just technical complexity—it raises real regulatory stakes. A Consent Management Platform (CMP) like CookieScript helps manage those stakes in a way that’s both practical and scalable.
Sensitive data classification
Biometric data can be flagged as sensitive the moment it’s detected. That means it’s handled with the higher level of care required by frameworks like GDPR or CPRA—without needing to build a separate system.
Custom banner text for biometric use cases
CookieScript lets you explain biometric-specific use cases clearly—whether it’s for facial login, behavioral signals, or something else. No confusing legal jargon, just transparency where it matters.
Privacy Policy Generator
When your consent setup includes biometric tracking, your Privacy Policy should reflect that. CookieScript helps keep disclosures aligned with what’s actually happening on your site.
geo-targeting
The platform detects where your visitors are coming from and adjusts the banner accordingly. Users in Illinois, Germany, or Brazil will each see what their law requires—automatically.
Supports 42 languages
Language shouldn’t be a barrier to understanding sensitive data processing. CookieScript localizes your consent banner in the visitor’s preferred language, with no extra setup needed.
User consents recording
Every time a user makes a choice, it’s logged—along with the date, banner version, and details. If regulators ever ask for proof, it’s already there.
Third-party cookie blocking
Some third-party scripts try to load before consent is even given. CookieScript can block those entirely until the visitor says yes—especially important when they involve biometric tracking.
Automatic script blocking
Tools that capture voice, scan faces, or monitor behavior aren’t allowed to run in the background without approval. CookieScript prevents them from firing until consent is locked in.
Monthly cookie scans
New scripts can sneak into your stack over time—especially via third-party integrations. CookieScript runs monthly scans and flags anything new, so nothing flies under the radar.
Google Consent Mode v2 support
Whether biometric data is tied to ads or analytics, CookieScript passes user consent choices to Google’s ecosystem without breaking functionality.
IAB TCF 2.2 integration
If you’re running biometric-driven ad tech or working with vendors who are, this ensures your consent signals stay standardized and legally valid.
In Spring 2025, CookieScript received its fourth consecutive G2 badge for Best Consent Management Platform, reinforcing its position as the top CMP of the year.
CookieScript is a Google-certified CMP in the Gold tier—meeting the highest standards for consent management across the web.
In Conclusion on Biometric Data Compliance
Biometric data is deeply personal, and handling it the right way matters more than ever. Regulators are tightening expectations, but this isn’t just about staying out of trouble—it’s about respecting your users.
The way you ask for consent sends a message. Make sure it’s the right one.
Frequently Asked Questions
What is biometric data?
It’s the kind of information that’s tied directly to who you are—your face, your fingerprint, even how you move a mouse. CookieScript helps handle this data properly by setting the right tags and consent logic in place.
Why is biometric data treated as sensitive?
Because it’s personal in a way most data isn’t. If someone’s fingerprint or voiceprint leaks, there’s no resetting it. CookieScript recognizes that and automatically applies stricter consent rules when this type of data is involved.
Does biometric data cover behavioral patterns too?
Yes, it can. Things like typing speed or how you scroll may count as biometric in some cases. CookieScript can treat this data as sensitive and hold off any scripts until users clearly opt in.
How do I update my Privacy Policy to reflect biometric tracking?
If your site uses biometric tech, your privacy policy should say so—clearly. CookieScript’s Privacy Policy Generator pulls from your current setup, so what’s shown matches what’s collected.
Is it possible to standardize consent for biometric ad tech?
Yes. CookieScript integrates with IAB TCF 2.2, which helps keep consent signals consistent when working with ad vendors—even those using biometrics in their targeting.
Do I need to ask for consent before collecting biometric data?
You do. Laws like GDPR, CPRA, and BIPA all require clear, opt-in consent. CookieScript lets you customize how that consent is asked and recorded—no shortcuts.
What exactly counts as explicit consent?
It’s when someone knowingly says “yes” to how their data’s used—nothing assumed, nothing hidden in the fine print. CookieScript captures that moment and keeps a record of it in case you ever need to prove it.