Introduction
Oman recently passed a royal decree, 21/2024, regulating the use and protection of biometric data. This law represents a significant step forward in protecting individuals' privacy and ensuring the proper use of biometric information. In this article, we will provide an overview of the key provisions of this law and its implications for individuals and organizations in Oman.
Definition of Biometric
Biometrics refers to physical characteristics that are unique to individuals and can be used to identify them. The law defines such characteristics to include genetic fingerprint, fingerprint and palm print, face scan, and iris scan. Although the law explicitly mentions these examples, other physical characteristics unique to individuals may also fall under this definition.
Establishment of a Biometric Database
According to the law, a biometric database must be established to contain data gathered from a range of sources, such as crime scenes, unidentified bodies, convicted persons, and missing individuals. Access to this database is limited to authorized personnel only, and its use is restricted to purposes specified in the law. Unless proven otherwise, the biometric data stored in this database is considered evidence in judicial proceedings.
Prohibition of DNA Testing for Paternity Purposes
The law prohibits the use of DNA testing for establishing or denying paternity. This raises the question of whether DNA evidence obtained outside Oman can be admissible in cases regarding paternity disputes. While the law is silent on this issue, it's generally understood that DNA evidence from outside Oman may not be admissible, pending court judgments.
As an exception, a DNA examination may be performed only in the following cases:
- Suspicion of births in health institutions.
- Suspicion of IVF.
- Children become lost or mixed up due to accidents or disasters, and it is impossible to
know them.
- Cases of rape of minors and incompetent persons.
- The presence of bodies whose identity has not been identified.
Penalties
The law imposes penalties, which include imprisonment and fines, for several offenses related to biometric data. These offenses include forgery or unauthorized use of biometric records, unauthorized disclosure of biometric data, destruction or tampering with biometric samples or records, refusal to provide necessary samples, and conducting DNA testing without proper authorization.
Conclusion:
The implementation of Law No. 21/2024 is a crucial step towards regulating the use of biometric data in Oman. This law's main objective is to protect individual privacy and ensure the appropriate use of biometric information. To effectively comply with its requirements, individuals and organizations must familiarize themselves with the law's provisions.