What is Biometric data?

Biometric data is being used more than ever; however, the absence of a clear definition complicates efforts to regulate and safeguard this data. Its meaning often depends on the specific legal jurisdiction or authority involved. Broadly, biometrics refer to distinctive physiological and behavioural traits such as  DNA, iris or retina scans, fingerprint patterns, facial geometry, vocal tone, or even body dimensions. Surprisingly, even something as small as how we speak, type, or the pressure we apply when signing can be considered biometric data.  The core purpose of biometric technology lies in identification, verification, and personal convenience. According to the Biometric Data Institute, these technologies are mainly used for:

•     Public safety and law enforcement (keeping us safe)
•     Access control and personal convenience (simplifying everyday security)
•     Workforce management, including uses in advertising, education, and operations

Application of Biometric Data in the Indian Context

1.   Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011

India is still in the process of shaping its legal framework around biometric data. This is particularly important as more retail brands begin incorporating such technologies into their day-to-day operations. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, commonly referred to as the IT Rules 2011, classify biometric data as Sensitive Personal Data (SPD).

Rule 3 of these rules requires that organisations obtain explicit consent before collecting biometric data. They are obligated to disclose to the user what data is being collected, the reason for its collection and steps taken to secure it. However, many fashion retailers in India are now using augmented reality (AR) apps and smart mirrors that collect biometric data without offering proper disclosure or user-friendly consent mechanisms.

We are encountering this trend increasingly in apps and stores that offer:

•     Virtual try-on mirrors
•     Face-scanning cosmetics applications
•     Body-scanning tools for size and fit recommendations

These tools often collect and process facial geometry or similar biometric inputs without providing clear information to users. From a legal standpoint, brands are required to:

•     Notify users of the type and purpose of the data collected
•     Obtain prior, explicit consent
•     Securely store and protect the data
•     Delete the data once its intended purpose is fulfilled

Failure to comply with these obligations may result in liability under Section 43A of the IT Act, 2000. It could also amount to a violation of the right to privacy, as recognised by the Supreme Court in the case of Justice K.S. Puttaswamy v. Union of India, wherein the Supreme Court declared privacy a fundamental right under Article 21.

1.     Digital Personal Data Protection Act, 2023 (DPDP Act)

India’s recently enacted Digital Personal Data Protection Act, 2023 (DPDP Act), provides a well-structured framework for protecting biometric data. The act is reinforced on three pillars: consent data processing, purchase limitation, and data minimisation. Given how closely facial scans and fingerprints are tied to an individual’s identity, their use must be transparent, necessary, and ethical.

•     Personalised Shopping through Virtual Try-On Technology

 Virtual Try-On Technology (VTOT) is now one of the most prominent uses of biometric data in fashion retail. It works through facial mapping, real-time image processing, and body scanning to help users try on clothes, eyewear, or cosmetics virtually. Popular Indian platforms, such as Nykaa, Lenskart, and Myntra, have introduced AR-based tools to enhance the customer experience.

While this technology reduces product returns and improves satisfaction, it also involves collecting sensitive biometric data, such as facial dimensions, often without well-defined consent protocols or data retention policies. Many users might reasonably wonder: Where does all that scanned data go? Under the DPDP Act, any such data processing must be preceded by free, informed, and specific consent standards that many apps do not yet fully meet.

•     Targeted Marketing and Consumer Profiling Using Biometric Inputs

Some retailers now go a step further by adjusting advertisements based on facial expressions or moods, yes, really. Smart mirrors and interactive displays in cities like Mumbai, Delhi and Bangalore are already using these tools to tailor marketing based on perceived gender, age, or emotional state.

While the intent is to improve engagement, such practices blur the line between personalisation and surveillance. The most concerning aspect is that many users are unaware that their expressions and gaze are being tracked. The DPDP Act mandates transparency and restricts unnecessary data collection, but several biometric marketing tools in the retail space may fall short of these standards.

•     Workforce Monitoring and Attendance Management

Biometric systems are not limited to customer experience; they’re also being used in workforce management. Retail employers are implementing fingerprint and facial recognition systems to monitor attendance and prevent issues like buddy punching.

Although the DPDP Act allows for deemed consent in employment scenarios, the lack of specific workplace data protection rules leaves employees vulnerable to excessive monitoring. To prevent privacy violations disguised as efficiency measures, organisations must implement ethical standards and clear internal policies.

Comparative Analysis: Indian vs. US Biometric Data Laws in Fashion Retail

So, how does India’s approach compare to that of the United States? As biometric technology becomes more embedded in retail through AI tools, virtual try-ons, and contactless interactions, the need for solid legal backing becomes clear.

India primarily relies on the IT Rules 2011 and the DPDP Act. These laws require informed consent, transparency, and data protection, but sector-specific enforcement remains weak. Although the Personal Data Protection Bill, 2019, aims to enhance oversight, it is still under consideration.

In contrast, the U.S. lacks a federal biometric law; however, some states have enacted robust laws. According to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), classified biometric data is considered personal information, granting individuals the right to access, delete, and limit its use.

Illinois has gone a step further. It is known for its strict requirements under the Biometric Information Privacy Act (BIPA), which mandates that businesses obtain written consent, state the purpose of data collection, and define data retention timelines. Importantly, individuals can sue companies for violations without needing to prove actual harm.

Compared to the stronger enforcement mechanisms in states like Illinois and California, India’s framework remains more flexible and is still in the process of development. This leaves Indian retailers vulnerable to both reputational damage and legal risks, particularly as consumer awareness and judicial scrutiny increase.

Conclusion

Fashion is evolving, and technology is at the heart of it. From virtual fitting rooms to smart mirrors and contactless checkouts, biometric innovations are revolutionising the shopping experience. But with this transformation comes the responsibility to protect personal data. While the DPDP Act is a welcome step, it still lacks detailed guidance specific to the fashion sector.

To truly balance innovation with individual rights, India needs a more precise and enforceable policy structure, one that keeps pace with the retail industry’s rapid growth. Without such clarity, biometric profiling risks crossing into ethically grey areas. For fashion to remain both forward-thinking and respectful, it must be as conscious of privacy as it is of style.

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Fast fashion enables retailers to respond to market trends at a pace far quicker than their traditional counterparts. Individuals often feel compelled to keep their wardrobes filled with an abundance of inexpensive clothing rapidly produced by mass-market retailers. The fashion industry is swiftly emerging as a global business sector, estimated to be worth $1.7 trillion from 2000 to 2040. Clothing production has doubled, and the number of garments purchased has surged by 60%. This dramatic increase is primarily attributed to fast fashion.

We generate 92 million tonnes of textile waste annually, and projections suggest that by 2030, this figure could increase to 134 million tonnes globally unless significant changes take place within the industry.

The primary reason for the overproduction of our stock and consumption in the industry is the tendency to produce more fabric at a lower price in response to market demand. If we can match the density of existing products, the industry discovers a cost-effective method to produce cloth, utilising it two, three, or even four times before disposing of it without consideration for its fate. This cycle perpetuates waste, resulting in products that are created but not sufficiently consumed by the public.

The rapid changes in fashion trends have become a significant obstacle for individuals aiming to develop their skills in fashion. As we progress, it is essential to explore practical frameworks that tackle the challenges of fast fashion and steer our nation towards a sustainable fashion model.

The fashion capital of the U.S., New York (New York Bill, 2022), has established the Fashion Sustainability and Social Accountability Act. This legislation mandates that relevant companies perform environmental due diligence in accordance with the guidance provided by the Organisation for Economic Cooperation and Development (OECD) for Multinational Enterprises. In response to challenges within the supply chain, the Act requires fashion companies to comply with environmental regulations through mandatory reporting. This requirement specifically applies to apparel and footwear companies.

Fashion retailers are required to submit a comprehensive due diligence report that includes the maintenance of ethical standards to ensure transparency. Additionally, these reports must be publicly accessible.

The next law pertains to the French Anti-Waste Law (2020), part of an overarching Circular Economic Strategy. They are progressing with legislative initiatives aimed at reducing the waste generated by the fast fashion industry. Lawmakers are also implementing stricter sustainability standards regarding clothing, addressing the growing issues associated with unnecessary waste. This includes the disposal of unsold hygienic beauty and fashion products, which are often discarded or released into the ocean in significant quantities. The French government is taking more initiative to encourage reuse and recycling, as well as support charitable organisations.

The Federal Trade Commission (FTC) Green Guide, first introduced in 1992 and most recently updated in 2012, outlines essential principles designed to prevent deceptive or unfair environmental marketing practices as stipulated under Section 5 of the FTC Act. As consumers become increasingly aware of environmental issues and seek greater transparency from the brands they support, this guide has become even more vital. It serves as a touchstone for ethical marketing in a marketplace where sustainability is a central concern.

In tandem with these guidelines, the Responsible Textile Recovery Act of 2024, also known as SB 707, marks a historic step for California by establishing the state’s first Extended Producer Responsibility (EPR) textile recycling programme. This pioneering legislation creates a robust framework for managing textile waste and promoting recycling. Under this act, textile producers are required to form and join a Producer Responsibility Organisation (PRO), which will be responsible for overseeing the entire lifecycle of textile products. This includes not only the collection and safe disposal of materials but also the transportation, repair, recycling, and sorting of textiles. A well-defined programme has been meticulously crafted to ensure effective management of textile waste, paving the way for a more sustainable future.

Together, these legislative measures exemplify a commitment to enhancing sustainability and reducing waste within the textile sector while preserving the integrity and intent of the industries involved.

Draft Textile Policy 2020 mandates that all textile markets comply with standards that ensure products are durable, repairable, and largely recyclable. Furthermore, textiles should consist of recycled materials, be free from hazardous substances, and be produced with due regard for social rights and the environment. This policy primarily targets the fast fashion industry, which is being phased out in favour of a model that benefits consumers with high-quality, affordable textiles. The emphasis is on creating garments that offer superior quality and can be reused and repurposed effectively.

Here are some international laws and treaties related to environmental sustainability. Research indicates that the sector was responsible for 2.1 billion metric tons of greenhouse gas emissions in 2018, accounting for approximately 4% of the global total. Under the provisions of the Paris Agreement, it has been established that enhancing the quality of the material mix through increased utilisation of recycled fibres is feasible. Governments and regulatory bodies ought to promote sustainable practices and encourage conscious consumption.

Moreover, Sustainable Development Goal No. 12 emphasises sustainable consumption and production patterns, which are vital for securing the livelihoods of both present and future generations. It is crucial that we reconsider our consumption habits and embark on a transition towards a more sustainable energy supply to promote development.

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