Retina scanning, facial recognition, and fingerprint sensors
were all once limited to James Bond movies and Sci-fi novels;
today, this technology is a fundamental tool that businesses use to
track attendance, protect information, and monitor productivity of
its employees. The ease of use and growth in popularity of these
tools, however, has been met with privacy concerns regarding the
collection, storage, and scope of use of this most sensitive
information. These concerns have led states to adopt legislation
for the stated purpose of protecting privacy rights.
The Biometric Privacy Act (BIPA)
The earliest example of a biometric privacy act is the Biometric
Information Privacy Act (BIPA), passed in Illinois in 2008.
Notably, BIPA does not prohibit the use of or collection of
biometric data but rather establishes a series of requirements
meant to protect it. BIPA requires a private entity that collects
biometric information to inform the individuals from whom
