Face Off: An Examination of State Biometric Privacy Statutes & Data Harm Remedies

As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security and potential remedies for victims of data breaches or mishandled data. Ultimately, this Note makes policy proposals for future biometric privacy statutes, particularly recommending a private right of action as the most effective remedy for victims of biometric data breaches