Are there any laws concerning the use of facial recognition technologies in the workplace?

In Indiana, the use of facial recognition technology in the workplace is regulated by the Indiana Biometric Information Privacy Act (BIPA). BIPA requires businesses to inform employees of their right to opt-out of the use of facial recognition technology and to obtain written consent from employees before collecting, using, or disclosing their biometric data. Biometric data is defined by BIPA as “measurable physical or behavioral characteristics used to identify an individual,” and includes facial features such as a person’s features, fingerprints, handprints, and voice. BIPA applies to digital forms of biometric data, such as digital images of individuals, as well as physical forms. BIPA also prohibits employers from disclosing biometric data without the written consent of the employee, and from using biometric data to make decisions regarding hiring, firing, promotion, or other terms of employment. The law also requires employers to ensure the confidentiality of the data they collect and limit access to only those employees with a need to access the data. Finally, BIPA requires employers to have written policies and procedures in place to ensure compliance with the law and address any potential violations. Employers are also required to provide employees with a copy of their biometric data when requested. Failure to comply with BIPA can result in civil penalties of up to $5,000 per violation.

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Are there any laws concerning the use of facial recognition technologies in the workplace?

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