Justin Kay Comments on Biometrics in the Workplace

Chicago partner Justin Kay discussed the use of biometrics in the workplace for a Business Insurance article titled “Biometrics Prompt Privacy Concerns.” Businesses are increasingly using biometric information in a variety of ways, including for employment purposes such as finger-scan-based timekeeping for hourly employees. There are only three states with comprehensive legislation regulating the collection, use, and storage of such biometric information (Illinois, Texas, and Washington). Illinois’ 2008 Biometric Information Privacy Act is regarded as the most severe and restrictive of the three, and has generated dozens of lawsuits in the past year.

Justin stated that “we’re likely to see more states looking to regulate this information as the issue becomes more commonplace in both the consumer and employer context.” Justin also noted that should additional legislation be enacted, a key component will be “whether or not [the legislation] has a private right of action and statutory damages.”