May 2009
In our January 2009 publication of the Client Alert, Wessels Sherman introduced the recently passed Illinois Biometric Information Policy Act. The article prompted a number of our clients – who use biometric time clocks and/or biometric building access controls – to inquire as to whether they are subject to the Act and, if so, how to comply.
The short answer is YES, if your company uses hand scanners, fingerprint scanners, face scanners, or other biometric identifiers, your company is subject to the Act. If your company uses any of these devices, you must develop and implement a specific written policy regarding the collection of biometric information. Wessels Sherman now has a model policy available to help you comply with the Act (see below for instructions for obtaining a copy of this model policy). The following is general information to help you determine if your company is subject to the Act.
The following qualifies as biometric identifiers
- Retina or iris scans;
- Fingerprint scans;
- Voiceprint scans; and
- Hand or face geometry scans.
The following do not qualify as biometric identifiers
- Writing samples, signatures, photographs, demographic data, tattoo descriptions or physical descriptions, or human biological samples used for valid scientific testing or screening;
- Donated organs, tissues, parts, or other biological materials regulated under the Genetic Information Privacy Act; or
- Information captured from a patient in a health care setting.
Five Key Requirements
- Develop a written policy regarding the use of biometric information;
- Disclose the purpose for capturing biometric data, including the retention schedule for such information, and obtain the employee’s written release;
- Prevent the sale or leasing of biometric data;
- Prevent the dissemination of biometric data, unless specific circumstances that permit disclosure apply; and
- Store biometric information using a method that is the same or more protective than the method used to store and protect other sensitive and confidential company information.
To obtain a copy of Wessel Sherman’s Model Biometric Policy or if you have questions concerning this topic, please contact an experienced Wessels Sherman attorney. Contact us.
