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ARTICLE · 03 JULY 2020

Notice And Consent Requirements For Security Footage And Biometric Data Collection

It is natural for businesses to be concerned about the security of their premises and to explore new technologies that can help mitigate health and safety risks related to that security.

United StatesPrivacy

As retailers get back to business in the United States, the laws implicating biometrics and the increase in use cases for biometric technologies have caused these businesses to refocus their data collection points. One such use case that merits special attention, specifically in the context of reopening businesses after COVID-19 precautionary closures, is the information collected via security footage (also receiving attention as a result of recent protests). This article discusses whether data collection via security footage possibly qualifies as "biometric identifiers" or "biometric information" under various state laws that implicate the topic, and whether notice and consent are necessary to collect and use that footage.

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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