FTC Move Makes Biometric Privacy Liability a National Concern

A recent policy statement from the Federal Trade Commission on the collection of biometric information, such as fingerprints and retina scans, will put a national spotlight on the issue, which will likely lead to more litigation and regulatory action, experts say.

Previously, the focus of biometric liability concerns has largely been confined to exposures in Illinois, where the state’s 2008 Biometric Information Privacy Act has led to thousands of lawsuits against businesses and two state Supreme Court decisions.

Other states including Washington and Texas as well as cities such as New York, Baltimore and Portland, Oregon, have enacted biometric legislation, but the Illinois law, which permits a private right of action, remains the most stringent.