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For your eyes only: Let’s dissect cutting-edge state biometrics law

May 2022 employment law letter
Authors: 
Becky L. Kalas, FordHarrison LLP

What can spy movies teach us about collecting biometrics from employees in the workplace? Fortunately, the technology has come a long way, but the laws in many states are struggling to keep up with the developments. A rigorous Illinois statute may provide a model for states to follow.

Eye for an eye

My youngest child has developed an affinity for action movies, particularly if they involve spies and other secret operatives. That’s fine with me because it’s provided me with adequate cover to rewatch the 007 and Mission: Impossible movies.

Viewing the films again recently and in relatively short succession, I realized the trend for a while was to remove eyeballs to get past some level of security requiring retinal scans. Fingerprints were often needed as well, but movie spies Jack Ryan, James Bond, and others thankfully seem to have figured out you can beat the system without actually cutting off someone’s finger.

The world is not enough

Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As the technology became more accessible and costs declined, companies began using biometrics for day-to-day purposes such as point-of-sale credit card verification and timekeeping. It’s easy to understand the attraction:

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