Preparing For COVID-19 Biometric Litigation

In the last few years, Arkansas, California, Illinois, New York, Texas and Washington have all enacted legislation that impacts how businesses can use an individual’s biometric data.

Because of the COVID-19 pandemic, businesses will face critical questions on how best to handle this data as they begin to re-open.

Many critical operation employers across the country have already begun collecting employee health data including asking employees to complete online questionnaires, taking employees’ temperatures or conducting rapid COVID-19 tests.

Over the coming months, privacy issues will likely be at the forefront of concerns. It is also likely new biometric laws will be established or current laws strengthened forcing employers to establish new protocols on data handling and storage.

Historically, biometric data has included information such as a retina or iris scan, fingerprint, voiceprint or facial printing/recognition. In response to the COVID crisis, several companies are now developing new biometric technologies.