Employers are increasingly adopting technology that collects biometric information from their employees. For example, employers are using timekeeping systems that track when employees arrive and leave work by scanning employees’ fingerprints. Some employers are starting to use facial recognition technology to monitor employees. While the use of these technologies can cut down on fraud and other employment-related problems, there are significant legal risks that accompany their use.
In recent years, several states have enacted laws that directly or indirectly regulate the collection and use of biometric information. Other states are actively considering such laws. If your company has implemented (or is considering implementing) technology that collects biometric information, we recommend you consult with legal counsel who can advise you on applicable privacy, employment, and breach notification laws.