The State Of Proposed Biometrics Laws

2021 has so far been a year of conflicting impulses in biometrics law: two proposed bills in New York and Maryland would impose substantial new requirements on private entities, but in Illinois a proposed amendment would reign in that state's existing Biometric Information Privacy Act (BIPA). BIPA is currently the only state statute that provides a private right of action for individuals when a private entity improperly collects, stores, or discloses their biometrics. (Portland, Oregon recently enacted an ordinance prohibiting private entities from using facial recognition in places of public accommodation, and providing a private right of action for enforcement.) Since it was enacted in 2008 BIPA has become the touchstone of biometrics litigation, but its effects have largely been felt only by companies doing business in Illinois.