The Criminal Law Behind Digital Fingerprints: Biometric Data Protection in Modern Security Systems

Ganesha University of Education, Buleleng, Indonesia

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Abstract

Biometric data, such as fingerprints, facial recognition, retina scans, and voice scans, constitute unique and irreplaceable forms of personal identification. In the digital era, biometric data is increasingly used in electronic security systems for identity verification and user authentication. However, despite these benefits, there are potential risks of privacy violations and data misuse, which impact human rights. This study aims to analyze the legal protection of biometric data in digital security systems from a criminal law perspective and examine criminal liability in the event of biometric data leaks or misuse. The research method used is a normative juridical approach, examining relevant statutory provisions, such as Law Number 27 of 2022 concerning Personal Data Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), and the Criminal Code (KUHP). The results show that although biometric data has been recognized as legally protected personal data, criminal law enforcement mechanisms for biometric data-related violations are still suboptimal. This is due to the lack of clear technical regulations and limitations regarding the definition, storage, and use of biometric data by electronic system administrators. This study concludes that strengthening criminal law regulations and implementing policies is necessary to ensure comprehensive biometric data protection, including imposing strict sanctions on perpetrators of misuse and increasing corporate responsibility in maintaining the security of the public’s digital data.