The Growing Popularity of Biometric Privacy Acts

The Growing Popularity of Biometric Privacy Acts

The (BIPA) was enacted in 2008 as a way to protect the biometric information collected by employers and other entities. This was done by establishing regulations for how biometric data is collected, maintained, and stored, including guidelines for providing written notices as well as the data’s eventual deletion. Although BIPA has led to a variety of class action lawsuits, as of 2022, it has become a standard by which other states are now drafting their own biometric data laws.

Since 2008, Texas and Washington have enacted similar laws. Moreover, as of the beginning of this year, seven more states have introduced acts focused on the handling of biometric data, including California, Kentucky, Maine, Maryland, Massachusetts, Missouri, and New York. This new legislation is generally based upon Illinois’ BIPA, though each have their individual differences.

Some of the specifics covered within this group of biometrics laws include:

– Requirements to inform consumers in writing;
– Deletion of biometric information;
– Creation of a written policy regarding data retention;
– Requirement for a written release prior to collection;
– Prohibition of the sale, trade, or profit from data without an individual’s consent;
– Private rights of action; and
– Available remedies for business infractions.

Each state’s individual law has its own take on these specifics, creating a range of variability in how businesses will need to handle their data depending on where they are operating. Some states opt for a more general approach with a window of flexibility for businesses, whereas others have more strict timelines for data deletion for stronger consumer protection. Companies that collect and use biometric information should get to know which standards apply to their business and prepare for compliance. For those operating in states not yet facing biometric regulations, you should keep an eye on this topic as it progresses to be prepared for the future, as these regulations seem to be evolving rapidly.

Your business attorney can help you stay vigilant about new and upcoming regulations as they apply to you and your business. They should have a thorough understanding of the laws so that they can help create a plan of action for compliance to help ensure that your business’ practices are maintained to protect you and your assets. Let me know if I can help. 

The information presented here is for general educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.