The Biometrics Privacy Act, passed in 2008, is a federal law designed to regulate the collection, storage, and use of biometric data by entities in the United States. Biometrics, the measurement and analysis of unique physical or behavioral characteristics, is increasingly prevalent in our modern world. Fingerprints, facial recognition, and iris scans are just several examples of the types of biometric data that can be collected.
Individuals have a right to privacy and security, including over their biometric data. The Biometrics Privacy Act is intended to help safeguard those rights. This guide will provide an overview of the law, covering topics such as what types of organizations are affected, what types of data are covered, and what rights individuals have.
Covered Entities
The Biometrics Privacy Act applies to private entities that collect, capture, purchase, receive, or store biometric data. It does not apply to governmental agencies. Covered entities include businesses, non-profits, and other organizations that collect biometric data for use in their operations, such as for employee identification or access control.
Types of Data Covered
Under the Biometrics Privacy Act, biometric data consists of retina or iris scans, fingerprints, voiceprints, scans of hand or face geometry, or other unique biological characteristics. This data is highly personal, and its collection and storage pose a significant threat to individual privacy and security.
Individual Rights
The Biometrics Privacy Act gives individuals a legal right to receive notice when their biometric data is being collected and stored. This notice must explain why the data is being collected, how it will be used, and how long it will be stored. Individuals also have the right to opt-out of the collection and storage of their biometric data.
In addition, the Biometrics Privacy Act requires covered entities to maintain reasonable security measures to safeguard biometric data against unauthorized access and disclosure. If a covered entity suffers a data breach of biometric data, they are required to provide notice to the affected individuals.
Conclusion
As biometrics continue to evolve and become more prevalent in our society, it is essential to understand the laws that protect our privacy and security. The Biometrics Privacy Act is one such law, aimed at regulating the collection, storage, and use of biometric data by private entities. By knowing your rights under this law, you can take steps to protect your personal information and ensure that your biometric data is used only for legitimate purposes.
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