Biometric Technology and Data Privacy Laws
Published April 25, 2023 by Romeo Chicco
There has been an increase in biometric privacy class action lawsuits, which should bring concerns to employers. First and foremost, what is biometric data? Biometric data refers to any data that identifies or is related to an individual’s physical, physiological or behavioral characteristics, such as fingerprints, iris scans, facial recognition, hand recognition, voice recognition, DNA or any other unique biological information. With the rise of biometric technologies, concerns over the privacy and security of biometric data have become increasingly important. Securing an employee’s biometric data should be held in the same regard, if not higher, as other data, such as their Social Security number. While there are no federal laws that address biometric authentication or the collection, usage and storage of biometric data, several states have enacted biometric data privacy laws to protect the privacy of individuals.
For our clients, biometric consent is fairly straightforward. Any employees that have biometric data, e.g., information about their fingerprints, hands, etc., stored in PayMaster HCM will receive a popup when they login. The popup is titled Biometric Consent and after providing the employee with a brief account of how we’re storing their biometric information, using it, securing it and so on, they’ll be prompted to accept or decline our ability to continue storing that information in our system and using it as described.
If an employee clicks the Accept button that corresponds with our Biometric Consent popup window, then we’ll retain and continue to use their biometric information for the purposes described in said popup (e.g., clocking in/out). If an employee clicks Decline, then they’ll be prompted to delete their biometric information from PayMaster HCM and the employer will have to enroll them again using an alternate method of identification (e.g., clocking in/out with a PIN). Additionally, if an employee changes their mind after declining and decides that they’d like to continue storing and using their biometric information with PayMaster HCM, the employer can re-enroll them at any time and the employee will then be prompted to consent again.
Currently, there is no consequence to ignoring our Biometric Consent prompt. However, a future release will prevent us from continuing to use an employee’s biometric information without their consent.
While this may not provide you with complete compliance in every state, it should be a good starting point in putting together a comprehensive plan.
May is Mental Health Awareness Month
Approximately 1 in 5 Americans experience some form of mental health condition each year. For many of these individuals (and many without mental health conditions), work is key to their health, contributing to a sense of purpose and well-being. This is why it’s important that employers understand how to foster a mental health-friendly work culture.
May is recognized as Mental Health Awareness Month, which aims to raise awareness about mental health issues and to help reduce the stigma surrounding them. View Ways to Promote Resilience in the Work Place
