Dialogos

ECJ: Biometric Data Collection by Police Allowed Only in Exceptional Cases

Published March 19, 2026, 17:03
ECJ: Biometric Data Collection by Police Allowed Only in Exceptional Cases

The Court of Justice of the European Union (ECJ) ruled that the collection of biometric data by the police, such as fingerprints and photographs, is permitted only in cases of "absolute necessity". The case originated from an individual arrested during a Paris protest who refused to provide their biometric data and was subsequently convicted for the refusal, despite being acquitted of the initial offense. The ECJ emphasized that biometric data is particularly sensitive and requires enhanced protection, therefore its processing must be absolutely necessary and accompanied by adequate safeguards. Collection cannot be systematic or generalized, but each case must be considered individually. National regulations providing for automated biometric data collection are contrary to European law. Finally, penalties for refusing to comply are lawful only if the collection itself meets the criteria of "absolute necessity" and proportionality.