Are there any laws governing the use of biometric data for authentication and identification?

Yes, in Kansas, there are laws governing the use of biometric data for authentication and identification. The Kansas Biometric Data Privacy Act, or KS BDPA, is the law that addresses the use of biometric data. The Act was signed into law in 2019 and became effective in 2020. The Act defines biometric data as “data generated by automatic measurements of an individual’s physical characteristics, such as a fingerprint, voice or eye, for the purpose of authentication or identification.” Under the Act, those collecting biometric data must inform individuals of the purpose of collection prior to doing so, obtain written consent from the individual, and provide disclosure notices regarding the collection, use, and storage of biometric data. Additionally, the Act contains a set of requirements designed to protect the security, confidentiality, and accuracy of the biometric data. The Act also contains a few provisions that prevent employers from requiring or coercing individuals to provide biometric data as a condition of employment or to gain access to employment-related benefits. Finally, the Act gives individuals the right to sue if their biometric data is used without consent or if the security of the biometric data is breached. Overall, the Kansas Biometric Data Privacy Act regulates how businesses can collect, use, and store biometric data and provides protections for individuals in the state of Kansas.

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