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LAW OF THE AZERBAIJAN REPUBLIC

of June 13, 2008 No. 651-IIIG

About biometric information

(as amended of the Law of the Azerbaijan Republic of 08.07.2022 No. 584-VIQD)

This Law determines forming of biometric information resources and the requirement to them, the organization and purpose of activities of biometric identification system, scope of biometric technologies and governs the relations arising in the field.

Chapter I. General provisions

Article 1. Basic concepts

1.1. For the purpose of this Law the used basic concepts have the following values:

1.1.1. biometric information - the biometric data collected, stored, processed and transferred in information systems for the purpose of identification and verification;

1.1.2. biometric data - the individual data characterizing the physiological features of the identified or identifiable physical person giving the chance unambiguously or in coordination with other data to identify it (fingerprints of hands and palms, the image of person, eye retina, fragments of voice and its acoustic parameters, analysis results of deoxyribonucleic acid (DNA), the body sizes, the description of special signs and physical violations of body, handwriting, the signature, etc.) to which are applied the conforming standards and which are reflected in material carriers;

1.1.3. biometric information resource - resources with biometric data as a part of information resources of personal data;

1.1.4. the subject of biometric data - the identified or identifiable physical person concerning which collection, processing and protection of biometric data is performed;

1.1.5. biometric technologies - the information technologies connected with biometric data and used in information processes;

1.1.6. biometric identification - the events for work with search queries held for establishment of person who belongs the biometric information supplied in biometric information resource;

1.1.7. biometric verification - actions for comparison of the biometric data containing in biometric information resource with the provided biometric data;

1.1.8. biometric information services - activities for collection, processing and exchange for the established directions of biometric information resources.

1.2. The concepts "information", "information processes", "information technologies", "personal data", "individual identification number (IIN)" and other concepts used in this Law are used in the values established by the legislation of the Azerbaijan Republic governing the relations in the field of collection, processing, protection of information.

Article 2. Legislation of the Azerbaijan Republic on biometric information

2.1. The legislation of the Azerbaijan Republic on biometric information consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, this Law, the Laws of the Azerbaijan Republic "About information, informatization and protection of information", "About receipt of information", "About the digital signature and the electronic document" and other regulatory legal acts.

2.2. The procedure for collection, processing and protection of biometric data as component of personal data is established by the Law of the Azerbaijan Republic.

Chapter II. Biometric information resources and biometric technologies

Article 3. Forming of biometric information resources

3.1. Biometric information resources are component of segment of the national information space concerning personal data and are created in stipulated by the legislation procedure for the Azerbaijan Republic.

3.2. Biometric data are collected on the following fields of activity:

3.2.1. execution of identification documents;

3.2.2. migratory and border control;

3.2.3. information security support and registration of digital signature facilities;

3.2.4. intelligence, counterintelligence and operational search activities;

3.2.5. the rescue operations connected with emergency situations;

3.2.6. forming of the DNA national bank;

3.2.7. protection of public order and protection of objects of the special mode;

3.2.8. criminal prosecution.

Article 4. Basic principles of forming of biometric information resources

4.1. Forming of biometric information resources is performed with observance of the human rights and freedoms affirmed in the Constitution of the Azerbaijan Republic according to the principles of legality, confidentiality, combination of voluntariness and compulsoriness.

4.2. In the course of collection, processing, use and protection of biometric data creation of danger to life and health of the person, humiliation of his honor and advantage is not allowed.

Article 5. Requirements to biometric technologies

5.1. Creation and servicing of biometric technologies is performed according to the legislation of the Azerbaijan Republic based on special permission (license).

5.2. The normative and technical requirements applied to format of the collected biometric data are established based on used in the Azerbaijan Republic in the specified sphere of national and international standards. The applied biometric technologies, means of their providing and protection will be certified and pass the examination in the procedure established by the legislation of the Azerbaijan Republic.

Article 6. Scopes of biometric technologies

6.0. Biometric technologies are applied when implementing the following events:

6.0.1. removal, collection and registration in electronic format of images of person, retina of eyes, creation, identification and verification of images by means of identikit;

6.0.2. recognition of person in crowd by video surveillance;

6.0.3. removal, collection and registration in electronic format of fingerprints of hands and palms, their identification and verification;

6.0.4. removal, collection and registration in electronic format of fragments of voice, their identification and verification;

6.0.5. analysis of fragments of voice and its acoustic parameters;

6.0.6. converting of information from sound format in format of the electronic text, scoring of the text;

6.0.7. removal, collection and registration in electronic format of copies of handwriting and the signature on paper, their identification and verification;

6.0.8. analysis of handwriting;

6.0.9. the analysis of DNA, collection and registration of analysis results in electronic format, identification of person.

Chapter III. Biometric identification system

Article 7. Purpose of biometric identification system

7.0. By use of new technologies the biometric identification system provides implementation of the following tasks:

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