Q: What states have biometric laws and what does this mean for my company?
A. Introduction: Biometric Laws in 2022
In the first quarter of 2022 alone, no fewer than seven states have introduced biometric laws — California, Kentucky, Maine, Maryland, Massachusetts, Missouri, and New York — generally based on Illinois’ Biometric Information Privacy Act (BIPA). Currently, only Illinois, Texas, and Washington have enacted biometric laws, and only the Illinois law provides individuals with a private right of action. While California’s Consumer Privacy Act (CCPA) covers the protection of biometric data, the act only provides a private right of action where the information was involved in an unauthorized exposure as a result of the business’ failure to implement and maintain reasonable security procedures and the business’ failure to take certain steps after receiving a consumer request.