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In this episode, Brian Hengesbaugh, Chair of Global Privacy and Security, is joined by Rachel Ehlers, Privacy and Cybersecurity partner based in Texas, as they discuss the heightened focus on biometrics and key data privacy issues surrounding this prevalent technology. Listen in to hear about: an overview of the key laws that govern biometric dataenforcement and litigation trends in this spaceconsiderations for in-house attorneys with regard to biometrics in the context of their privacy and…

Although a paradigm shift towards flexible working arrangements was already underway before the COVID-19 pandemic, it is clear that remote and hybrid work arrangements are here to stay. Two years into the pandemic, many businesses continue to operate with a distributed workforce. Others, including major technology companies, have allowed their employees to work remotely on a permanent basis. This has resulted in a large and growing portion of the population working from their homes. These…

Companies that operate in Illinois should take notice of the flurry of litigation that has arisen under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1, et seq. The State of Illinois promulgated the BIPA in 2008 amid the public’s growing concerns relating to companies’ collection of biometric data for business and security purposes. The General Assembly cited “finger-scan technologies at grocery stores, gas stations, and school cafeterias” as an example of the biometric data…

Having considered in detail the rules for collecting biometric data in our last post, in this post we will cover the key rules for handling biometric data post-collection.1. Establish Strong Access And Use ControlsGiven the sensitivity of biometric data, strong access controls should be put in place and access to biometric data should be allowed only on a need-to-know basis. Further, the use of biometric data should be strictly controlled and limited to what is…

Once confined to scientific research and criminal investigations, biometric data is now frequently used in everyday scenarios like building access controls, mobile devices and airport security checks. It is hailed for enhancing security but it is also feared for invading privacy. In this post, you will learn five basics you should know about biometrics. Click here for the introduction to our Biometrics Series.1. What Is Biometric Data?Biometric data is data about an individual’s physiological or…

The use of biometric technology is on the increase and so is, inevitably, the collection and use of biometric data, such as fingerprints, DNA, facial images and typing rhythm. As biometric data relates to an individual’s physiological or behavioural traits which allow unique identification, it can be highly sensitive and its increased collection and use raise serious concerns amongst privacy advocates. The recent announcement from the U.S. Office of Personnel Management that fingerprint data of…