Are there any laws concerning the use of biometric access control technologies?

Yes, there are laws surrounding the use of biometric access control technologies in Washington. Washington State is one of several states that have passed legislation regulating the use of biometric data. The law, commonly known as the Washington Biometric Privacy Act (WBPA), was passed in 2018. The WBPA prohibits companies from collecting, using, storing, or otherwise processing personal biometric data without first obtaining explicit written consent from the individual it is collected from. It also requires companies to use reasonable security measures to protect the biometric data and to delete it upon request. The law applies to biometric identifiers such as fingerprints, voiceprints, iris or retina scans, and facial recognition. It also applies to biometric data that is used for authentication, such as passwords or PINs. Companies that violate the act may be subject to civil penalties of up to $2,000 for each violation, or three times the amount of any actual damages, whichever amount is greater. The WBPA also requires companies to disclose to individuals the types of biometric data they are collecting, and the purposes for which it will be used. Individuals must be provided with an opportunity to opt out of any biometric data collection and to delete their data upon request. Overall, the Washington Biometric Privacy Act serves as a safeguard to protect individuals’ biometric data and to ensure that companies are using it responsibly.

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