Facial biometric data: what it is and how the LGPD treats it

· 2 min read

Quick facts

Definition
A physical characteristic of the face that identifies a person, such as the set of features used in facial recognition.
Under the LGPD
Biometric data, when linked to a natural person, is sensitive personal data (art. 5, II).
In the clinic
The patient's frontal photo and facial landmark maps come into the discussion.
Caution
Clear legal basis, defined purpose, restricted access, and secure storage.

Facial biometric data is information about the physical characteristics of the face that makes it possible to identify a person: the distance between the eyes, the contour, the relationship between features. Facial recognition systems turn those features into a numeric pattern. The LGPD (Brazil's personal data protection law) classifies biometric data, when linked to a natural person, as sensitive personal data (art. 5, item II).

What about the patient's photo?

A face photo is personal data and, in a health context, also carries sensitive information. Even without facial recognition, the image of the face identifies the patient and requires care. In a facial harmonization clinic, clinical photos are part of the patient record and the assessment, while marketing photos serve a different purpose that requires specific authorization.

What should the clinic take care of?

Point Care
Purpose Tell the patient what the photo will be used for
Legal basis Health care, consent, or another appropriate basis
Marketing use Specific, revocable image use release
Access Restricted to those who need it; not circulated in messaging groups
Storage Secure location, with a backup and a defined retention period
Incident A plan for a security incident

What does Harmy do with the face?

How should you guide the patient?

If the clinic needs to share an image for teaching or research, anonymizing a face is difficult, because the features identify the person. Covering the eyes is not always enough.

Frequently asked questions

Is a photo of the face biometric data?

A photo is personal data. It becomes biometric data when it is processed to identify the person by their features. In any case, it calls for care and a clear purpose.

Can the clinic keep a patient's photo?

Yes, with a defined purpose and an appropriate legal basis, such as consent or the provision of care, and with secure storage. Use in marketing requires specific authorization.

Terms mentioned