A Critical Study On India's Biometric Legal Framework And Its Implications For Global Health Transitions With Special Reference To Indonesia

Abstract

In the wake of rapid digital transformation, biometric technologies have become integral to public health governance, especially in emerging economies like India and Indonesia. This study critically analyzes India’s biometric legal framework, focusing on the Criminal Procedure (Identification) Act, 2022, and the DPDP Act, 2023, to assess its implications on global health transitions. As of 2023, over 93% of India’s population has been enrolled under Aadhaar, the world’s largest biometric identity system, while in Indonesia, biometric enrollment under Dukcapil has covered nearly 85% of its citizens. These developments, though revolutionary in scale, bring forth complex legal and ethical challenges around privacy, consent, and cross-border data protection. The integration of biometrics in healthcare systems—ranging from vaccine delivery, health tracking, to pandemic surveillance—has accelerated post-COVID-19, yet has exposed vast regulatory gaps. For instance, during India’s COVID-19 vaccination drive, biometric-based CoWIN platform registered over 2 billion doses administered, yet concerns around consent and data misuse surfaced prominently. Similarly, Indonesia’s integration of biometrics into its National Health Insurance (JKN) scheme has enhanced access but raised red flags regarding data centralization and third-party access. Through comparative legal analysis, the study finds that while both countries have made strides in biometric governance, neither fully complies with global standards such as the GDPR. Alarmingly, India witnessed a 300% rise in biometric data breaches between 2020 and 2023, underscoring the urgency for stronger safeguards. This research proposes robust policy reforms including the establishment of independent data regulators, cross-border legal harmonization, and implementation of transparent consent frameworks. Drawing from international case studies, the paper outlines actionable strategies for integrating biometric systems ethically and securely in public health architecture. Ultimately, this study contributes to the global discourse on responsible biometric adoption, especially in countries transitioning towards digitized healthcare and global health data ecosystems.