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Face Off: An Examination of State Biometric Privacy Statutes & Data Harm Remedies
Maya E. Rivera*
Note

The full text of this Note may be found here.

29 Fordham Intell. Prop. Media &Ent. L.J. 571 (2019).

Note by Maya E. Rivera

 

ABSTRACT

 

[A]

s biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security and potential remedies for victims of data breaches or mishandled data. Ultimately, this Note makes policy proposals for future biometric privacy statutes, particularly recommending a private right of action as the most effective remedy for victims of biometric data breaches.

*Managing Editor, Fordham Intellectual Property, Media & Entertainment Law Journal, Volume XXIX; J.D. Candidate, Fordham University, School of Law, 2019; B.A., Political Science, Hofstra University, 2014. The author would like to thank Professor Ron Lazebnik for his invaluable guidance, advice, and poignant questioning, Professor N. Cameron Russell for inspiring an investigation into this topic, and Professor Ken Rashbaum for his practitioner’s perspective and suggestions. The author would also like to thank the staff and editorial board of the IPLJ, especially Sean Corrado for his patience and superb editorial insight. The author would like to give a special thanks to her friends and family for their love and support, especially her parents, Wilfredo and Maria Rivera, Daniel Rivera, Natasha Rivera, Roland Carvalho III, and Iliana Romero.