Law note · Azerbaijan
Law on Personal Data, special categories of personal data
What it requires
- An app that processes race, nationality, family-life, religious-belief, health, or conviction data from a person in Azerbaijan must have a specific statutory ground for that processing under Art. 9.7; biometric data is not one of these special categories under Azerbaijan's law and is governed instead by the Act's ordinary processing conditions.
When LexLint raises it
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What we found
Art. 2.1.6 defines special categories of personal data as data related to a natural person's race or nationality, family life, religious beliefs and convictions, or health or convictions. Biometric data is not included in this list.
Art. 9.7 prohibits processing a special category absent a specific statutory ground; because biometric data sits outside Art. 2.1.6 entirely, it is not subject to this heightened Art. 9.7 regime at all, and is instead governed only by the Act's ordinary general processing conditions (Art. 9.1-9.6), recorded in a separate biometric_privacy instrument.
This instrument's flags deliberately carry no biometric activity flag, since it describes exactly the categories from which Azerbaijan's law excludes biometric data.