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ARTICLE · 22 MAY 2026

Biometrics In Retail: Part 2

Biometric technologies are transforming retail operations, from loss prevention to customer analytics, but they're also triggering an expanding web of state regulations.

United StatesPrivacy

Part 2: Practical Compliance Considerations and What’s Next

Biometric technologies are being deployed across a range of retail functions—from loss prevention and employee authentication to marketing and customer analytics—and are subject to an expanding body of state laws. As we discussed in Part 1 of this 2-part series, how such data is used—particularly whether for security or marketing—often determines the level of regulatory scrutiny and risk exposure.

For retailers, clearly scoping and governing these technologies from the outset is critical. “Biometrics sit at the intersection of cybersecurity, AI governance, and privacy regulation,” explains Caroline McCaffery, Partner and Practice Lead for OGC’s AI, Cybersecurity and Privacy group. “As AI tools become more sophisticated, it is increasingly important for retailers to map where biometric data is collected, how it is used, and who has access to it, so they can put practical controls in place and reduce both compliance and

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