Are there any laws concerning the privacy implications of using biometric devices?
Yes, there are laws concerning the privacy implications of using biometric devices within the state of Texas. The Texas biometric information privacy act (BIPA) protects individuals from the misuse of face recognition technology and other biometric identifiers. It requires companies to have “opting in” or “opting out” provisions in their contracts for consumers to explicitly consent to having their biometric data collected, stored, and utilized. The Act also requires companies to develop a written policy reflecting their practices in collecting, storing, and using biometric identifiers and information. Within this policy, companies must outline the purpose and length of time for which the information is being collected, stored, and utilized. They must also outline the procedures in place for destroying biometric identifiers and information within a reasonable amount of time upon the consumer’s written request or when the initial purpose of collecting the information has been fulfilled. The law also creates a private right of action for individuals who have suffered harm due to a breach of the law, allowing them to seek damages in civil court. Companies found to be in violation of the law can also be fined up to a $5,000 per violation. For more information, you can read the Texas BIPA in detail here: https://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.503.htm.
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