Washington is the third state to pass biometric privacy laws, following Illinois and Texas. HB 1493 is similar to both BIPA and the Texas biometric privacy law in that it contains data security and retention requirements for safeguarding biometric … In particular, the statute requires (1) reasonable care to guard against unauthorized access to and acquisition of biometric identifiers and (2) retention of biometric identifiers for no longer than necessary to comply with the law, protect against fraud, criminal activity, security threats or liability, or to provide the service for which the biometric identifier was enrolled.As with the Texas biometric law, H.B. Tailor your perspective of our site by selecting your location and language below. Washington enacted biometric privacy protections in 2017 that prohibit any company or individual from entering biometric data into a database without providing notice, gaining consent and providing a mechanism for preventing the subsequent use of the biometric data for a commercial purpose. It also does not require consent prior to selling, leasing or disclosing enrolled biometric identifiers if the sale, lease or disclosure is (i) consistent with the requirements of the biometric law; (ii) necessary to provide a product or service subscribed to, requested by or expressly authorized by the individual; (iii) necessary to effect, administer, enforce or complete a financial transaction requested, initiated or authorized by the individual and where the recipient maintains confidentiality of the biometric identifier and does not further disclose it; (iv) required or expressly authorized by a federal or state statute or court order; (v) made to a third party who contractually promises that the biometric identifier will not be further disclosed and will not be enrolled in a database for a commercial purpose inconsistent with the law; or (vi) made to prepare for litigation or to respond to or participate in judicial process.Only the Washington Attorney General may enforce the law’s requirements. Instead, it says that "[t]he exact notice and type of consent" required for enrollment is "context-dependent" and that notice need only be provided in a way that is "reasonably designed to be readily available to affected individuals. When Illinois passed the law in 2008, it became the first U.S. state to regulate the collection of biometric information. On May 16, 2017, the Governor of the State of Washington, Jay Inslee, signed into law House Bill 1493 (“H.B. Instead, only the Washington Attorney General can enforce the requirements. The BIPA requires companies doing business in Illinois to comply with a number of requirements pertaining to the collection and Senate Bill 2400, which eventually became the Biometric Information Privacy Act, was introduced by State Senator As biometric technology advances, there have been a number of lawsuits related to data collection methods, as well as various levels of protection over data. Unlike both BIPA and the Texas biometric law, HB 1493 broadly exempts the collective, capture, or enrollment of a biometric identifier from the notice and consent requirement in furtherance of a "security purpose." Washington’s biometric privacy law has some key differences with the Illinois and Texas statutes that may affect businesses. It governs how biometric information can be obtained and handled for commercial purposes. Laws & Agency Rules Bill Information Agendas, Schedules, & Calendars Legislative Committees ... BIOMETRIC IDENTIFIERS. Similarities to existing state laws . Several states have already introduced new biometric data privacy laws this year. However, the BIPA remains the only law in the U.S. that allows private individuals to file a lawsuit for damages stemming from a violation. The plaintiff further alleged that Shutterfly then prompted the user who uploaded the photos to "tag" his face, at which point the user tagged the face in the photo as that of "Brian Norberg. In Illinois, the Biometric Information Protection Act law allows people to sue employers for mishandling biometric data.

The Illinois biometric law currently is the only state biometric statute that includes a private right of action.Although Washington is only the third state to enact a biometric privacy law, several other states are considering similar legislation as the commercial collection and use of biometric identifiers becomes more commonplace.Hunton Andrews Kurth’s Privacy and Cybersecurity practice helps companies manage data at every step of the information life cycle.
The firm is a leader in its field and for the fourth consecutive year has been ranked by Hunton Andrews Kurth’s award-winning Privacy & Information Security Law Blog is among the top-ranked legal blogs.Case results depend upon a variety of factors unique to each case.
In addition, the law exempts use of biometric identifiers in ways that conflict with the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act as well as use by law enforcement. While some of the provisions in these laws are similar, other features vary from state to state. According to the On December 1, 2016 the first settlement involving the BIPA was approved by a judge in There is currently a bill (SB3053) pending before the Illinois legislature to amend the BIPA. It should be noted, however, that Washington has traditionally been one of the leading states with regard to the enforcement of consumer privacy. Like Arkansas, Washington recently amended its existing data breach response law, which is distinct from its 2017 biometric privacy law, by including biometric data in its definition of covered PI. Such lawsuits have plagued companies like Google, Shutterfly and others whose services involve allowing users to group their photographs by automatically recognizing faces. "This is in contrast with BIPA, which requires that Of the three biometric laws, the new Washington law is the only one that exempts use of a biometric identifier for purposes of security or fraud prevention. DLA Piper is a global law firm operating through various separate and distinct legal entities. Washington lawmakers just passed a law that affects how biometric information can be used.

1493 does not create a private right of action to allow for suits by individual plaintiffs.


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