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Biometric Privacy Laws Fact Sheet

In recent years, the prevalence of biometric recognition technology has significantly increased. Businesses use biometric data for authentication and to provide services to customers or employees. Despite the advancements of such technologies, the permanence and sensitivity of biometric information raise questions about protecting such data. Some states have introduced or passed legislation to protect people’s biometric data, and businesses have adopted their own policies to comply.

We analyze five state laws that we consider models for privacy policies in other states. The infographic below compares components of Illinois, Texas, Washington, California, and New York’s statutes to understand how sensitive information is collected, used, safeguarded, destroyed, and regulated in each state. Different conclusions can be drawn from this information, and we will continue to investigate what federal policymakers can learn from these examples. As other states draft legislation, we will add relevant information to show how it compares to these state laws.

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