Employers Beware of New Biometric Privacy Requirements

Amid surging class action lawsuits and million-dollar settlements, employers face mounting legal risks from employee fingerprint scans and other biometric data collection practices. Recent court decisions and evolving state laws have created an urgent compliance challenge for organizations using biometric systems, demanding immediate attention to privacy policies and security measures. The complex patchwork of state regulations, from Illinois' stringent BIPA to Maryland's new technical requirements, has transformed biometric privacy from a minor concern into a major liability threat requiring comprehensive organizational reform.

Navigating COPPA Compliance and Proposed Enhancements

COPPA establishes strict requirements for protecting children’s online privacy, focusing on parental consent, data collection limitations, and transparency in privacy notices. It defines personal information broadly and includes mechanisms for parents to review, delete, and control their child’s data. Proposed updates address emerging technologies by expanding protections to biometric and geolocation data and increasing the age threshold, while also introducing stricter advertising restrictions and enhanced transparency standards.

The Growing Patchwork of U.S. Privacy Laws

Adapting to Evolving U.S. Data Breach Requirements

Data breach notification laws in the U.S. have grown increasingly complex, with each state introducing unique timelines, definitions, and penalties. Businesses must navigate these differences, such as Florida’s strict 30-day notification mandate and Connecticut’s expanded 60-day requirements, while addressing broader obligations like including biometric and health data in breach definitions. Recent amendments and proposals, including California’s CPRA-updated CCPA and the proposed federal ADPPA, emphasize greater consumer protection and standardization. Understanding and adapting to these trends is essential for organizations to mitigate compliance risks and maintain trust in an ever-evolving legal landscape.

The Complexities of Consumer Consent in Global Privacy Laws

Tracking consumer consent is a fundamental principle in privacy laws worldwide, with varying requirements across jurisdictions like the EU’s GDPR, Canada’s PIPEDA, and US state laws such as Virginia’s VCDPA. These regulations differ in how consent must be obtained, managed, and revoked, emphasizing transparency and individual control. Businesses must navigate these complexities while balancing compliance obligations and consumer trust in an increasingly regulated global landscape.