Superintendence of Personal Data Protection Issues Opinion on the Use of Biometric Data for Attendance Control

The Superintendence of Personal Data Protection has issued an opinion on Inquiry 002-2025, referenced in Official Letter No. SPDP-IRD-2025-0031-O, regarding the processing of biometric data for labor attendance control.

The authority establishes that explicit consent is required for the processing of biometric data in labor attendance control, and for consent to be considered valid, it must be free, specific, informed, and unequivocal.

Consent must be free, without coercion or undue pressure, and free from vices such as force or real fear, like the fear of losing one’s job. It must be specific, limited to a concrete purpose, and without ambiguity regarding its scope. Additionally, it must be informed, ensuring that the data subject clearly understands the purposes and conditions of the data processing. Finally, it must be unequivocal, expressed clearly and without doubt, ensuring that the data subject’s will is consciously expressed.

Regarding the involved parties:

• Employers: They must ensure the consent of their workers before collecting biometric data and provide alternatives for those who do not wish to provide their data.
• Workers: They may refuse the processing of their biometric data without it affecting their employment conditions and may request the deletion of their biometric data when applicable.
  
  

At Quevedo & Ponce, we advise companies and workers to ensure compliance with legal provisions and protect the rights to personal data security. Contact us for guidance on this important precedent and its impact in the labor field.