Once the stuff of science fiction, biometric technology—which can identify individuals based on unique characters like their face, fingerprint, voice, etc.—has proliferated modern life. Whether unlocking the smartphone in your pocket, using your face as your ticket at the airport, or tracking time/attendance using fingerprints or irises, biometric technology has changed the way employees and consumers access services and perform their job functions. But with massive settlements and a recent nine-figure class action verdict for plaintiffs based on the Illinois Biometric Information Privacy Act (BIPA), improperly handling biometric data can be devastating. And now more state legislatures may be getting into the mix.

In the 2023 legislative session alone, new proposals for biometric privacy laws have emerged in at least 11 states: New York, Washington, Massachusetts, Arizona, Maryland, Minnesota, Missouri Tennessee, Mississippi, Hawaii and Vermont. So, whether a company is collecting biometric information in one of these states, or plans to do so, an awareness of the shifting legal and legislative landscape is critical to avoiding becoming the next target of an expensive and time-consuming class action.

Biometric Legislative Activity Heating Up in 2023