Fingerprint Clocking In and UK GDPR: A Guide for Employers

Can you use fingerprint or face recognition clocks at work? What UK GDPR asks of employers, what went wrong for Serco Leisure, and how to get it right.

Fingerprint and face recognition clocks stop staff clocking in for each other. But when you use a fingerprint or a face to identify someone, UK GDPR treats it as special category data, so the law asks more of you. Here is what it asks, what went wrong when the ICO took action against one large employer, and how to get it right.

In short:

Yes, it can be. But the ICO’s guidance on biometric time and access control makes clear that employers need to show it is necessary, have the right legal reasons, complete a data protection impact assessment, and offer staff another way to clock in. The ICO has ordered at least one employer to stop when it could not show this.

Why are fingerprints treated differently?

Article 9 of UK GDPR lists “biometric data for the purpose of uniquely identifying a natural person” as special category data. That covers fingerprint and face recognition clocks. Unlike a password or an ID card, a fingerprint can’t be changed if it leaks.

What went wrong for Serco Leisure?

On 23 February 2024, the ICO ordered Serco Leisure, Serco Jersey and seven community leisure trusts to stop using face and fingerprint scanning to monitor staff attendance, and to destroy any biometric data they were not legally required to keep. More than 2,000 staff at 38 leisure facilities were affected.

Usually. The ICO says consent is the most likely lawful basis for biometric time and access control, but only if there is a non-biometric alternative and staff are not disadvantaged for choosing it. If there is no alternative, consent will not be appropriate.

In practice, that means offering a card, a code or an app to anyone who says no, with no penalty for using it.

Do you need a DPIA?

Yes. The ICO’s guidance says you must carry out a data protection impact assessment whenever you intend to use biometric data to uniquely identify a worker, and you must do it before you start. Article 35 of UK GDPR sets out what a DPIA must cover.

If you use face recognition, the ICO also warns that it can work less accurately for some groups of people, so your DPIA should check for bias and how you will reduce it.

Tips for using fingerprint clocks lawfully

Stopping buddy clocking, without the fingerprints

Sense HR gives you ways to stop buddy clocking that don’t use fingerprints at all: one-use QR codes, one phone per account, and badges. If you do choose a fingerprint or face clock, staff who say no can use a card or the app instead, and every clock-in lands in the same record.

See how Sense HR handles clocking in →

Frequently asked questions

Is face recognition treated the same way as fingerprints?+
Yes. Face recognition used to identify a person is also special category data under UK GDPR.
Can I make fingerprint clocking compulsory?+
It is very hard to justify. Without an alternative, consent is not freely given, and you would need another legal reason that you can prove.
Has the Data (Use and Access) Act changed the rules?+
The ICO says its biometric guidance is under review because of the Act, and may change. Check the ICO website for updates.
How long can I keep fingerprint data?+
Only for as long as you need it. Delete fingerprint templates when someone leaves, or when you stop using biometric clocking.
Does Sense HR give legal advice?+
No. Sense HR helps you keep good records. Please check the law with your own adviser.

Sources

Sources checked 14 October 2026. This guide is for information only and is not legal advice.

← Previous Zero Hours Contract Changes 2027: A Guide for UK Employers