← HomeУкраїнська версія

Candidate passport data: the regimes an agency actually works under

Author: Bohdan Honcharuk, CEO · 7 years in international employment, 4 years in AI

In short

An agency almost always works under two regimes at once: the one where it sits, and the one the candidate data comes from. A passport number on its own is not a special category of data under GDPR — but the moment you switch on face matching against the passport photo, the processing becomes biometric under Article 9 and needs a separate basis on top of the one you already have. That checkbox in your OCR settings is a legal decision, not a technical one.

A passport number is not a special category. Face recognition is

Article 9 of the GDPR holds a closed list of special categories: racial origin, political opinions, religion, trade union membership, genetic data, biometric data for unique identification, health data and sex life. A passport number is not on it. Neither is a name, a date of birth or a nationality. All of these are ordinary personal data, and a basis under Article 6 is enough.

But the list does include biometric data, and three words in that entry decide everything: "for unique identification". The photo inside a passport scan is not biometric data by itself. It becomes biometric when it undergoes specific technical processing aimed at uniquely identifying a person. That is how the Spanish regulator reads it in report 0036/2020, and it is the line between storing a photo and matching it.

For an agency the consequence is concrete. Accepting a passport scan, reading the MRZ, extracting name, number and expiry date is ordinary processing under a single Article 6 basis. Adding a selfie-to-passport face match is Article 9, and it needs a separate condition under Article 9(2) on top of the basis you already have — in practice usually explicit consent.

So one feature toggle in an OCR configuration changes the legal regime of the whole process. OCR vendor documentation does not say this: there it is simply another line on the price list.

  • GDPR Article 9 — special categories of personal data
  • GDPR Article 6 — lawfulness of processing

Four regimes you work under at the same time

The regime is set twice. Once by where the agency is established and processes data. Once by where the candidate data came from. An agency in Dubai recruiting in India falls under both, and neither cancels the other.

RegimeBasis for processingCross-border transferStatus
GDPR — EU, Poland, CzechiaArticle 6, plus Article 9 for biometricsAdequacy, SCCs, BCRsFully in force since 2018
KVKK — TürkiyeExplicit consent or a statutory exceptionAdequacy, appropriate safeguards, incidental casesAmendments in force since 12.03.2024
PDPL — UAEConsent by default, ten exceptionsAdequacy determined by the Data OfficeExecutive Regulations not published
DPDP — India, source countryConsentRules notified 13.11.2025Core duties from 13.05.2027
  • KVKK — Law 6698 on the Protection of Personal Data
  • UAE PDPL — Federal Decree-Law 45/2021
  • DLA Piper: data protection status in the UAE

What is already in force and what is not

Türkiye is the sharpest right now. After the 2024 amendments, cross-border transfer rests on three pillars: an adequacy decision, appropriate safeguards and incidental cases. The most common pillar is the standard contract. The trap is that signing it is not enough: the contract must be notified to the Board within five business days of signature, and failing to notify is itself grounds for an administrative penalty.

The UAE calls for honesty, because there is no clarity. The Executive Regulations to the PDPL were due within six months of the law being issued. According to the DLA Piper handbook, as of 6 January 2025 they had still not been published, and once they are, companies get a further six months to bring processes into line. Some secondary sources mention Cabinet Decision 33/2024, but none of them cites a primary instrument in the official gazette. The practical conclusion is simple: any vendor selling you "certified PDPL compliance" is selling something that cannot currently be verified.

India has a calendar, and it is already running. The DPDP Rules were notified on 13 November 2025. Consent Manager registration starts on 13 November 2026. The core duties — notice, security safeguards, breach intimation and data principal rights — take effect on 13 May 2027. For an agency recruiting in India that is a real deadline, not an abstraction.

GDPR is in force in full and has no transition period. If your process does not meet it today, it does not meet it today.

  • Regulation on cross-border transfer of personal data, Türkiye
  • DPDP Rules, India — MeitY

The medical certificate is a separate story

Agencies placing staff in the Gulf collect more than passports. A certificate of fitness to work is a mandatory document of the corridor, and it is health data. GDPR names it explicitly in Article 9, which means it needs its own basis, not the one you hold for the passport.

The UAE goes further: health data may not be transferred outside the country except in cases permitted by Federal Ministerial Decision 51/2021. So the decision to "put all of a candidate’s documents in one cloud folder" can be lawful for the passport and unlawful for the medical certificate sitting next to it.

This rarely occurs to anyone, because in the operational process both documents arrive from the same person on the same day and land in the same place.

This is the most common reason a Gulf corridor audit comes back with findings. Not the passports — the medical certificates stored beside them.

Where to store the scans

A common misconception is that GDPR requires data to stay in the EU. It does not. It requires a lawful transfer mechanism: an adequacy decision, standard contractual clauses or binding corporate rules. Storing in the EU simply takes the question off the table; it is not an obligation in itself.

For an agency running several corridors at once the practical difference is this. Cloud OCR hosted in the US means a cross-border transfer with every single scan, and that transfer has to be covered under each of the four regimes. OCR running on your own server removes the transfer as a fact — and with it most of the questions an audit will ask.

This is not an argument that self-hosted is always better. It is an argument that where processing happens is part of the legal construction, and that the person choosing it should not be the one who compared the price per thousand pages.

How we account for this

  • Face matching is a separate switch, off by default, because turning it on changes the legal regime.
  • Medical documents are stored apart from passport documents, with their own retention period and their own access rights.
  • The record of the processing basis is attached to the candidate, so an audit can be shown the decision rather than having to reconstruct it.
  • Place of processing is a configuration parameter, not a property of the product: a Gulf corridor and an EU corridor may require different answers.
  • Retention periods are set per regime, not as one number across the whole database.

We are a software vendor, not a law firm. This describes how the regimes are built and which dates are already fixed — it is not legal advice. Before building a process on it, check with your counsel in each jurisdiction.

Questions

Is a passport number sensitive data under GDPR?

No. Article 9 holds a closed list and a passport number is not on it. It is ordinary personal data needing a basis under Article 6. Processing becomes a special category when you add biometric matching.

When does passport OCR become biometric processing?

When the photo undergoes specific technical processing aimed at uniquely identifying a person — a selfie-to-passport match, for example. Reading the MRZ and storing the scan does not create that on its own.

Can we store candidate passports in a cloud outside the EU?

Yes, if the transfer is covered by a lawful mechanism — an adequacy decision, standard contractual clauses or binding corporate rules. GDPR requires a mechanism, not a geography.

What is actually in force in the UAE?

The PDPL itself is enacted, but as of the last update of the DLA Piper handbook the Executive Regulations had not been published, and once they are there will be a further six months to comply. Claims of "certified PDPL compliance" therefore cannot be verified today.

What is the deadline for Indian candidate data?

The core DPDP duties take effect on 13 May 2027. Consent Manager registration opens on 13 November 2026. The Rules themselves were notified on 13 November 2025.

Read next

  • Licence compliance across four corridors: what actually gates a manpower agency
  • EU AI Act and recruitment: what agencies must do, and by when
  • AI agents for customer support and sales
  • WhatsApp for recruitment agencies: what it really costs, and what gets your number blocked

Want to talk about your process?

Start with a short brief — we reply with an estimate.

Your next big thing

Let’s start
with your idea.

Describe what you want to build. We’ll get back to you shortly.

We reply to the contact you leave. Nothing else.