Gathering Employee Biometric Data: Regulatory Update, Employer Risks, Lessons Learned From Recent Settlements

Description

An increasing number of employers are collecting employee biometric data for a variety of reasons including performing fingerprint and retinal scans for security or timekeeping purposes or tracking and analyzing workers' movements for safety and productivity purposes. Counsel and their clients should be aware of the current status of biometric privacy laws to ensure compliance and minimize the risk of costly claims.

While there is not yet a federal law governing the collection of biometric data, Section 5 of the Federal Trade Commission (FTC) Act gives the agency authority to take enforcement action against commercial organizations that engage in deceptive trade practices involving biometric data including deceptive statements about the collection and use of the information. This applies not just for marketing or commercial purposes but also to employers' use of biometric data.

Additionally, an increasing number of states and municipalities are enacting biometric privacy laws that are proving costly to noncompliant employers. For example, Illinois' Biometric Information Privacy Act (BIPA) requires, among other things, disclosure of the specific purpose for data collection and a written release from the individual from whom biometric information will be collected. BIPA class action lawsuits have cost employers millions of dollars. Other states and municipalities with biometric privacy laws that may affect employers include Texas, Washington, Colorado, and New York City.

Listen as our expert panel provides a comprehensive overview of the status of U.S. biometric privacy laws and the impact on employers. The panel will also provide best practices for collecting and using biometric data in the workplace in order to remain compliant.