OTI Files Letter in Support of Biometric Data Privacy

Yesterday, OTI sent a letter to the Department of Justice expressing concerns about the Federal Bureau of Investigation’s Next Generation Identification (NGI) system. NGI is one of the world’s most advanced biometric databases, containing the fingerprints, faceprints, and iris scans of millions of Americans. For years, NGI has operated—and expanded—without meaningful oversight. A federal watchdog agency recently chastised the FBI for failing to ensure that the database has adequate privacy and accuracy safeguards.

In our letter, OTI expressed concerns about the FBI’s proposal to further weaken oversight of the database by exempting NGI from the Privacy Act of 1974. This law protects Americans from overreaching surveillance databases by giving individuals the right to determine if they are enrolled in the databases, the ability to fix errors in their files, and a means of legal recourse for privacy violations. If exempted from this law, the NGI database would operate under even fewer safeguards. NGI needs more oversight, not less.

Moreover, the NGI database could be used to promote high-tech profiling of historically disadvantaged communities. While unchecked mass surveillance threatens the privacy, security, and basic civil rights of all Americans, communities of color have historically been the most vulnerable to these invasive practices. For example, African Americans are more likely to be overrepresented in the NGI database because they are disproportionately stopped by police. Research also indicates that facial recognition technology is more likely to incorrectly identify the faces of women, youth, and people of color.

OTI’s letter can be read here.