Constitutional Court Dismisses Constitutional Petition Against Government's Provision of 'Immigration Biometrics' to Private Firms
The Constitutional Court dismissed a petition claiming the government's act of providing biometric data collected for immigration management purposes to private companies was unconstitutional.
The Constitutional Court has ruled to dismiss a constitutional petition filed against the government concerning its provision of biometric data, including facial recognition data, to private companies for immigration management purposes. The court concluded that the petitioners' rights to protection had diminished, as the related government project had already ended and the biometric data in question had been destroyed, thereby negating the need for a ruling on the constitutionality of the government's actions.
The original complaints arose from revelations about the Ministry of Justice and the Ministry of Science and ICT transferring personal data of 170 million individuals, collected during immigration inspections without consent, to private enterprises. Following public outcry, petitioners argued that such actions constituted a violation of their rights related to personal data of biometrics, prompting them to take their case to the Constitutional Court in December 2019. The refusal to enact legislative or administrative measures to prevent the sharing of such data led to claims of legislative inactivity against the Assembly Speaker.
The court noted that for a constitutional petition to be considered valid, the petitioners must have a current interest in the protection of their rights at the time of both the filing and decision. As the data sharing operation concluded in December 2021, with the biometric information destroyed by March 2022, the court established there was no longer any substantive issue to adjudicate regarding the constitutionality of the government's actions, reinforcing the need for timely legal redress following supposed violations of rights.