What are the laws concerning the use of biometrics?
In Florida, the use of biometrics is regulated by state law. Biometrics, or digital identification methods, are used to identify an individual by measuring unique physical characteristics such as a person’s fingerprint, face, or iris. With the development of new technology, the use of biometrics has become increasingly common. In Florida, the use of biometrics is subject to the Florida Information Protection Act of 2014 (FIPA). Under FIPA, organizations handling biometric data must provide access and accurate data to individuals who wish to review their data. Organizations must also obtain informed written consent from individuals before collecting, using, or sharing biometric data. In addition, all biometric data must be reasonably secured and encrypted to protect against unauthorized access. Biometric data may also be used to verify identity for security reasons. For example, the state law requires that electrical utilities maintain a secure electronic system that uses biometrics for authentication of identity of customers. Furthermore, the Florida Supreme Court permits the use of biometrics for access control and identity verification in courtrooms. Organizations are responsible for developing policies and procedures in order to protect biometric data in a manner that is consistent with the law. Organizations must also develop a plan to safeguard the data; monitor access to the data; and train employees on best practices for securing the data. Failing to protect biometric data is a violation of FIPA and may result in civil penalties.
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