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Examining the legal landscape for companies using biometrics in the United States

Examining the legal landscape for companies using biometrics in the United States

The use of biometric technology in everyday life has increased dramatically over the last few years. As a result, private entities are collecting, using, and storing biometric information from employees and consumers more than ever before. Unfortunately, the legal landscape for the private use of biometrics in the United States is unsettled.

In this comprehensive white paper, we explain that landscape for private entities that seek the many benefits inherent in biometrics while mitigating the attendant legal risks.

– A small number of state statutes specifically govern the collection, use, and storage of biometrics. Other states have proposed similar laws, and many breach notification laws have been amended to include protections for biometric information.

– The Illinois Biometric Information Privacy Act (BIPA), which imposes strict liability and severe financial penalties, has been the subject of hundreds of class action complaints in the last five years. The case law relating to BIPA is rapidly developing.

– Proposed federal legislation has yet to gain traction, but other federal activity in this space warrants consideration. State attorneys general and plaintiffs’ lawyers are also becoming more active.

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