The Use of Biometrics in Military Operations Abroad and the Right to Private Life

This chapter analyses the use of biometrics by military operations extraterritorially from the perspective of the right to private life in Article 8 of the European Convention on Human Rights (ECHR). Such an analysis is called for in view of the increasing use of biometrics by armed forces. The chapter concludes that it follows from the case law of the European Court of Human Rights (ECtHR) that the ECHR is applicable to certain conduct of armed forces outside of their own State’s territory, and that this includes situations involving the use of biometrics. Similarly, based on this case law there are good grounds for concluding that all collection, storage and disclosure of biometric data falls within the scope of Article 8 (1) ECHR, at least where the data is systematically collected, stored and shared as is the case in military operations. This means that such use must meet the requirements set out in Article 8 (2) ECHR in order not to constitute a violation of the right to private life. The chapter discusses these requirements and concludes that although States have a certain margin of appreciation, compliance with the right to private life during extraterritorial military operations appears to be a tall order.