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Earlier this week, Amazon announced new technology that will allow customers at its Whole Foods stores to check out using a scan of their palm. These biometric technologies are also attractive to employers because of the convenience and security they provide for tasks such as recording work hours and acknowledging receipt of notices. Employers considering the use of biometric identification systems should carefully consider the legal consequences of introducing these technologies into the workplace.
Although there are no state laws governing the use of biometric information by employers, many states have enacted laws governing such practices. Illinois was an early adopter of that law, and that state has been the site of class action lawsuits alleging that employers did not obtain workers’ consent to collect and store their biometric data. New York law similarly requires employees to consent before collecting and using fingerprint information.
Most of these laws focus on obtaining consent from employees who have applied for the use of biometric scanning technology. Additionally, companies can be held liable for data breaches involving this personally identifiable information. In countries without biometric information laws, employees have been accused of religious discrimination against employers who refuse to prohibit them from collecting such information. Some of these claims include accusations that the collection of fingerprints and information is similar to the “Mark of the Beast” and therefore violates their religious beliefs.
Employers considering the implementation of such technologies should carefully plan their use. This plan should include obtaining written consent from employees, writing clear policies that explain the collection and use of biometric information, and establishing procedures to ensure the security of such information. talk. Employers must also determine how they will respond to employee requests to delete such information collections. These legal issues and regulatory changes will increase as these technologies become more widespread.
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