Litigation Blog

A National Approach to Biometric Privacy

In August, Senators Bernie Sanders (I-VT.) and Jeff Merkley (D-OR.) introduced the National Biometric Information Privacy Act of 2020 (NBIPA), which serves to regulate the collection, retention, disclosure and destruction of biometric information. While NBIPA is awaiting Congressional consideration, its potential effects and nationwide extension make it noteworthy.

As currently drafted, NBIPA limits the collection of personal information to valid business purposes, prohibits the inclusion of written releases in employment contracts, and builds on the Illinois Biometric Information Privacy Act in two major ways. First, NBIPA requires all businesses, regardless of size, to obtain consumers’ opt-in consent before collecting, sharing or using their biometric data, inform consumers of the use and length of term of biometric data, develop and publish a data retention schedule and guidelines for destroying biometric data, and obligates businesses to store, transmit, and protect biometric data in the same or in a more stringent manner as is done for other confidential and sensitive information. Second, NBIPA not only creates enforcement by state attorneys but also creates a private right of action for individuals even if the injury is only a technical violation that does not result in actual damages.[1] More »

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EMAIL TAGS: Cyber Risk & Liability