The enactment of biometric privacy laws is a growing trend
across the country. Existing legislation has led to a boon of class
action litigation against employers, consumer-facing business, and
technology companies for claimed violations of biometric privacy
rights. It is therefore imperative that businesses remain informed
of their obligations, which are increasingly expanding and being
required in new jurisdictions, as non-compliance can create
significant monetary exposure.
Biometric privacy laws and regulations generally require
businesses to track, inform employees or consumers of, and provide
methods for employees or consumers to consent to, the collection of
biometric information or biometric identifiers. BCLP has been
tracking enacted biometric privacy laws and proposed legislation
across the United States. Below is a high-level summary of existing
laws and proposed bills introduced across the country that pertain
to private sector companies' collection or use