Are there any laws governing the use of biometric data for authentication and identification?
Yes, in Washington, there are laws governing the use of biometric data for authentication and identification. The state legislature passed the Washington Biometric Identification Privacy Act in July 2019, which took effect in 2020. The Act creates a framework for how businesses and organizations collect, store, and use biometric data. Under the Act, any entity that collects, stores or uses biometric data for authentication and identification must give their customers or employees notice of the data collection and obtain written consent from those customers or employees. Furthermore, any entity that processes biometric data must put in place a data retention and destruction policy, and must provide those affected with the ability to review, correct, and delete the collected biometric data. The Act also sets out specific restrictions on how businesses and organizations can use biometric data for authentication and identification. For example, biometric data cannot be sold, leased, traded, or otherwise disclosed to a third party without written consent. Furthermore, if an entity is using biometric data for internal research or commercial purposes, they must give those affected notice of and obtain written consent for the use of the data. Overall, the Washington Biometric Identification Privacy Act provides a comprehensive set of rules to guard the privacy and security of biometric data associated with authentication and identification. The Act sets out clear requirements for businesses and organizations to ensure the responsible use of biometric data.
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