Following the lead set by Illinois, four other US states are now considering legislation related to biometric data. Since January 1, 2017, the Connecticut, New Hampshire, Washington, and Alaska legislatures have also proposed bills that would regulate the collection, retention, and use of biometric data, reports the National Law Review.
There has been considerable legal action related to the Illinois’ Biometric Information Privacy Act or BIPA in the past few years, with social media networks and software firms facing lawsuits related to biometric data enrolment or retention. That wave has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies, such as Facebook, to a video game manufacturer and even a daycare center. The law review notes that the new legislative proposals borrow from Illinois’ BIPA. “As one of the first state statutes of its kind, BIPA imposes strict notice and consent requirements on organizations before they may “collect, capture, purchase, receive through trade, or otherwise obtain” biometric identifiers or biometric information (collectively “biometric data”). “ Specifically, an individual must be given written notice of, and provide written consent to, the initial collection and storage of his or her biometric data as well as the purpose and length of time that data will be stored and used.
