Biometric Data Violations

Have you had your fingerprints, palm or voice prints, or scans of your face, iris or retina taken or used? Do you believe that a venue has used or is using your facial scan? Are you an employee who has had his fingerprints or other biometric information taken at work? Do you know that in some states that can be illegal without your prior consent?

A biometric identifier is a unique biologically based identifier that companies are increasingly using and integrating into consumer products. Biometric identifiers include:

  • Fingerprints
  • Palm Prints
  • Iris or Retina Scans
  • Facial Scans
  • Voice Prints

These biometric identifiers have value, and once acquired can be misused or resold. Because they are unique and cannot be changed, if they are taken or compromised, an individual has little recourse and is at heightened risk for identity theft.  Some states have enacted laws that do not allow these biometric identifiers to be taken without the individual’s prior consent. A number of  states require that before taking such information, an entity issue a written policy governing how long it will hold that information, the purpose for  taking it and when that information will be deleted.

As of this writing, the following states and cities have specific biometric laws or statutes:

  • Illinois
  • California
  • Portland, Oregon
  • New York City
  • Washington
  • Texas

California, Colorado, Connecticut, Utah and Virginia have passed comprehensive consumer privacy measures that once in full effect, will expressly govern the processing of biometric information. Other states may protect the misuse of your biometric information through other statutory provisions.

If you have had a biometric identifier taken, you may be entitled to compensation as many of these statutes provide a private right of action to individuals for statutory damages each time their biometric identifier is taken without their consent.

TheGrantLawFirm has expertise in cases dealing with the unlawful taking of biometric identifiers and has recovered millions of dollars for members of class actions under biometric statutes.  If you believe that your biometric identifiers have been taken without your prior consent, call us to see if you have a potential case.