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Roskomnadzor explained the possibility of classifying a person's aura as biometric personal data

Roskomnadzor explained to the relevant organization that it is possible to attribute a person's aura to his biometric personal data, in accordance with current legislation. It turned out that Art. 11 of the Federal Law "On Personal Data" is, in principle, not prohibited.

The question from specialized specialists in the RKN was as follows: The technology of gas discharge visualization (GDV), based on the Kirlian effect (see "The method of gas discharge visualization in the study of the physical and mental status of a person", makes it possible to observe a person's aura, register its stable and repeatable properties on a special film, and personal information read by means of such equipment is programmatically processed and stored in computer memory.Moreover, the subject of such information can be identified by the unique parameters of a person's vital (psychic) energy - the energy characteristics of an individual's aura, recorded in a photograph - kirlianography. In this regard, I ask you to clarify whether the information in the form of a GDV image of its thin-material shells (bodies) recorded using modern means of technology refers to the general and (or) biometric categories of personal data in terms of the provisions of the Federal Law of July 27, 2006 No. 152-FZ "On persons On the one hand, the answer from Roskomnadzor was a reply, on the other hand, it is not clear whether the department dealt with the topic of the question in essence or really believe that this technology can correspond to biometrics.

RKN response: We inform you that in accordance with paragraph 1 of Art. 3 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (hereinafter referred to as the Law), personal data is any information relating to a directly or indirectly identified or identifiable individual (subject of personal data). If the information specified in the appeal corresponds to the definition specified in paragraph 1 of Art. 3 of the Law, this information will be personal data. In addition, we inform you that the criteria for classifying personalized information as biometric personal data, as well as the legal grounds for processing such personal data, are enshrined in Art. 11 of the Law. According to the Ministry of Digital Development, biometric data includes facial biometrics, fingerprints and all those data that characterize the physiological and biological characteristics of a person. In fact, there is no direct enumeration in the law which data are recognized as biometric. The Ministry of Digital Transformation and the IRC previously explained that biometric PD includes "a photographic image and other information used to ensure a single and / or multiple passage to a protected area and identify a citizen."

In July of this year, the media reported that the state Unified Biometric System (UBS) was only 10% compatible in terms of its quality standards with databases with biometrics of Russian bank clients. In addition, during the test migration of bank biometrics to the EBS, it turned out that banks mainly collect fingerprints, retinas, and palm vein patterns of customers. And the EBS stores data on casts of faces and voices of users.

On December 30, 2021, the state EBS started operating in Russia. Then the government clarified that the participation of citizens in the submission of data for the state EBS will be completely voluntary, and in no case will it become mandatory.

In October 2021, InfoWatch President Natalya Kasperskaya advised Russian residents not to hand over biometric data, as there is no understanding yet of how they will be protected.

Roskomnadzor explained the possibility of classifying a person's aura as biometric personal data