May 112017
 May 11, 2017  Posted by  U.S., Workplace

Heather Zalar Steele of Fisher Phillips writes:

The use of biometric data is continuously increasing, including in the workplace.  Biometric data may include facial characteristics, hand geometry, a retina/iris scan, a fingerprint or a voiceprint.  Employers often collect and use biometric data to establish records of employee hours, to restrict access to specific areas, computer systems, data or devices, to provide security and to promote employee health, including through wellness programs.

Employers who use biometrics should be mindful of regulations that impact their ability to collect, retain and use biometric data.  Numerous states, including Iowa, Michigan, Nebraska, Texas and Wisconsin, have data breach notification laws that require notifications relating to the disclosure of biometric data.   New Mexico is the most recent state to enact such a law.

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