What are the laws concerning the use of biometrics?
In Texas, the use of biometrics, such as fingerprints, voice recognition, and facial recognition, is subject to certain legal requirements. Generally, biometric technology is used to authenticate an individual’s identity based on physical characteristics, such as a fingerprint or face shape. Under Texas state law, businesses and organizations that use biometrics to identify their customers must give customers clear notice and obtain their consent. Additionally, they must inform customers of the purpose of the biometric data collection, how long the data will be kept, and how it will be stored and protected. Businesses must also keep the biometric data secure and destroy any biometric information they have collected once it is no longer necessary. The Texas legislature passed the Texas Identify Theft Enforcement and Protection Act in 2017, which sets additional requirements for anyone in the state that collects, stores, or uses biometric data. The Act requires businesses to establish a written policy for the destruction of biometric information and requires businesses to obtain a consumer’s written consent before they can capture, collect, or otherwise obtain the consumer’s biometric identifiers or biometric information. Failure to comply with the law can lead to civil and criminal penalties. In short, businesses must comply with the Texas Identify Theft Enforcement and Protection Act and give customers clear notice and obtain their consent before collecting any biometric data. Businesses must also ensure that any biometric data they have collected is securely stored and destroyed when no longer needed.
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