Biometric Data & Privacy

Biometric technology presents many fascinating possibilities in commercial transactions, healthcare services, insurance products, and governmental activities, while also raising privacy concerns. Freeborn’s attorneys are equipped and ready to assist clients with implementing biometric technology and navigating related legal issues.

As society enters the next phase of the Internet where the rest of the world comes online, more devices are connected, e-commerce has more market share, online services and transaction becomes predominant, and the question of privacy, data sharing and security becomes a global issue, we should anticipate the widespread adoption of biometric technology.

Biometric technology and the use of digital identification could replace the traditional identification card, personal identification numbers, and passwords.  The technology is becoming more accessible, cost-efficient, and effective.  It is a more convenient to method to verify identification, control access, and monitor activity.

Like any emerging technology, there are significant risks with implementing biometrics.  These risks come in the form of various laws and regulations that are being implemented to protect consumers’ biometric data from being used to the detriment of the consumer.  There are also significant privacy concerns where biometric data is permanent and if compromised could result in liability.

Following the lead of Illinois with the Biometric Information Privacy Act, other states are implementing laws that establish requirements and restrictions on private entities as to the use, collection, and maintenance of biometric identifiers and biometric information.  Failing to comply with these laws could lead to fines, penalties and litigation.

As organizations use, collect and maintain biometric information, they need to become aware of the various obligations.

Freeborn has a team of counselors and litigators who are focused on protecting clients as they implement this technology.  Whether through drafting statutory compliant policies, implementing necessary procedures, advising on risk allocation and insurance, or litigating claims, Freeborn’s attorneys are on the cutting-edge and ready to help.