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What are the rules for biometric data in the United States?

Biometric data is regulated by state law, and Illinois is the sharpest of them: written notice and a written release before collection, with a private right of action for the individual.

The answer differs between the federal level and the states, see the rows below.

The answer by level

  • Illinois

    Illinois requires written notice and a written release before collecting a biometric identifier, and the act gives the individual a private right of action.

    740 ILCS 14
  • Texas

    Texas requires informed consent before capturing a biometric identifier for a commercial purpose, enforced by the Attorney General.

    Tex. Bus. & Com. Code § 503.001
  • Washington

    Washington covers biometric data used to identify a health status under the consumer health data act, with consent required before collection and sharing.

    RCW 19.373
  • Colorado

    Colorado classifies biometric data as sensitive data, which may not be processed without consent.

    Colo. Rev. Stat. §§ 6-1-1301 to 6-1-1313

Source lines

  • Illinois requires written notice and a written release before a private entity collects a biometric identifier, and gives the individual a private right of action.
  • Texas requires informed consent before capture for a commercial purpose, enforced by the Attorney General rather than by private suit.
  • Colorado and the later comprehensive state acts treat biometric data as sensitive data that may not be processed without consent.

What it means for the company

Face recognition, fingerprint time clocks and voice prints need consent captured before the first scan, not in an employment handbook signed later.

Comparison across levels and states
LevelRequirementSource
IllinoisIllinois requires written notice and a written release before collecting a biometric identifier, and the act gives the individual a private right of action.740 ILCS 14
TexasTexas requires informed consent before capturing a biometric identifier for a commercial purpose, enforced by the Attorney General.Tex. Bus. & Com. Code § 503.001
WashingtonWashington covers biometric data used to identify a health status under the consumer health data act, with consent required before collection and sharing.RCW 19.373
ColoradoColorado classifies biometric data as sensitive data, which may not be processed without consent.Colo. Rev. Stat. §§ 6-1-1301 to 6-1-1313

What it means for the individual

In Illinois you may sue on your own behalf, which is why the largest US biometric settlements come from that state.

Source lines

Next step

Inventory every sensor that produces an identifier, then match each one to the consent record that existed before it was switched on.

All US questions

This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.

Next step

Three ways to put the register to work in your own practice.

Start with your task