Biometric Privacy Lawyers Representing Plaintiffs Nationwide

Biometric technologies are now used in workplaces, retail locations, mobile apps, banking platforms, healthcare systems, and other digital services. Depending on the technology, biometric information may involve fingerprints, facial recognition, voiceprints, iris or retina scans, or other biological characteristics used to identify or authenticate an individual. The laws governing how this information may be collected, used, retained, disclosed, and protected vary by jurisdiction.

At Net Law Advocates, we represent plaintiffs nationwide in matters involving the collection, storage, sharing, protection, and use of biometric information. Unlike a password or account number, many biometric characteristics cannot simply be replaced if the underlying information is compromised. Our attorneys help individuals understand what happened, identify the laws that may apply, and determine whether the circumstances support an individual claim, multi-plaintiff action, or other litigation.

What Counts As Biometric Data?

The legal definition of biometric information varies by statute, but biometric technologies generally involve measurements or characteristics used to identify or authenticate a person. Depending on the law and technology involved, examples can include:

• Fingerprints
• Facial recognition or facial geometry scans
• Voiceprints
• Retinal or iris scans
• Hand geometry scans
• Vein pattern recognition
• Behavioral biometric markers used by apps or devices

Biometric technologies are commonly used for security, timekeeping, app verification, building entry, and identity authentication. Because fingerprints, facial geometry, and other physical characteristics generally cannot be replaced in the same way as a password, their collection and use can raise significant privacy and security concerns.

Where Biometric Violations Commonly Occur

Biometric privacy violations occur in a wide range of settings. We regularly assist clients whose data was collected improperly in:

Workplaces

Employers may use fingerprint or hand geometry systems, facial recognition tools, and biometric access systems for timekeeping, security, or attendance. Depending on the jurisdiction, workplace biometric practices may be subject to requirements involving notice, consent, retention, disclosure, or protection of biometric information.

Retail And Consumer Environments

Stores, gyms, entertainment venues, and service providers may use fingerprint or facial recognition systems for authentication, access, security, or other purposes. Whether notice, consent, or other requirements apply depends on the technology involved and the applicable law.

Mobile Apps And Technology Platforms

Apps and technology platforms may analyze facial features, voice recordings, or behavioral characteristics for authentication, identity verification, security, or other purposes. The collection or processing of that information may raise privacy issues depending on what information is generated, how it is used, and which laws apply.

Healthcare And Insurance

Some healthcare systems use biometric technologies for patient identification, authentication, or device access. Privacy and security concerns may arise when biometric information is improperly accessed, disclosed, retained, or exposed in a security incident.

Financial Services

Banks and financial technology platforms may use voice or facial verification tools for authentication and fraud prevention. The legal requirements governing that information can depend on the type of biometric technology, how the information is used or disclosed, and the statutes applicable to the organization.

State biometric privacy laws vary considerably in their definitions, requirements, exemptions, enforcement mechanisms, and remedies.

Common Violations In Biometric Privacy Claims

Potential biometric privacy claims can involve different conduct depending on the law that applies. Issues may include:

• Collecting biometric information without legally sufficient consent
• Failing to provide notices required by an applicable biometric privacy law
• Sharing biometric information with third parties
• Failing to protect biometric information as required by applicable law
• Retaining biometric information beyond an applicable retention period
• Failing to maintain or follow a required retention and destruction policy
• Using biometric technologies in ways that may violate applicable privacy protections

Individuals may not always know how biometric information is being collected, processed, retained, or shared, particularly when third-party technologies or vendors are involved.

Why Biometric Violations Are So Harmful

Biometric identifiers differ from many other types of personal information because physical characteristics such as fingerprints or facial geometry generally cannot simply be replaced after a security incident. That makes the protection of biometric information particularly important when it is stored or transmitted electronically.

The legal significance of a biometric privacy violation does not always depend on immediate financial loss. Under Illinois BIPA, for example, an aggrieved person has a private right of action, and the statute authorizes liquidated or actual damages depending on the circumstances, along with attorneys’ fees, costs, and other relief. Other states use different enforcement mechanisms and do not necessarily provide individuals with the same private remedies.

Our Approach To Biometric Privacy Cases

We begin by reviewing how your biometric information was collected, who had access to it, and whether proper disclosures or consent were provided. This includes analyzing:

• Workplace policies
• Consumer agreements
• App permissions
• Vendor contracts
• Retention and deletion schedules
• Security measures
• Documented privacy practices

Depending on the facts and applicable law, biometric privacy matters may involve:

• Individual biometric privacy claims
• Multi-plaintiff or class litigation
• State statutory claims where a private right of action is available
• Workplace biometric disputes
• Claims involving biometric technology vendors or data processors
• Biometric data breaches involving unauthorized access to or exposure of biometric information

Our goal is to determine what legal protections apply, document the relevant conduct and harm, and pursue the remedies that may be available under applicable law.

Potential Remedies In Biometric Privacy Cases

Remedies vary significantly depending on the law involved and whether that law allows an individual to bring a private claim. Potential relief under an applicable statute may include:

• Actual damages
• Statutory or liquidated damages where expressly authorized
• Injunctive or other equitable relief
• Attorneys’ fees and litigation costs where authorized
• Other remedies provided by the applicable law

Illinois BIPA provides a private right of action to an aggrieved person and specifies potential monetary and injunctive remedies. By contrast, biometric statutes in states such as Texas and Washington use Attorney General enforcement rather than giving individuals the same private cause of action under those particular statutes.

Biometric Privacy Violation Claim Frequently Asked Questions

What Is Considered A Biometric Privacy Violation?

What constitutes a biometric privacy violation depends on the law that applies. Potential violations may involve collecting biometric information without required notice or consent, improperly disclosing it, failing to comply with applicable retention requirements, or failing to protect it as required by law. Definitions, obligations, exemptions, and enforcement mechanisms vary by jurisdiction.

Do I Have A Claim If My Biometric Data Was Collected Without My Permission?

Potentially. Whether an individual can bring a claim based on biometric collection without permission depends on the law that applies and whether it provides a private right of action. Illinois BIPA, for example, requires specified disclosures and a written release before a private entity may collect or obtain covered biometric identifiers or biometric information, and the Act provides a private right of action to an aggrieved person. Other states may use different requirements or enforcement mechanisms.

Does This Apply To Employees Using Fingerprint Or Hand Scanners At Work?

Workplace fingerprint, hand geometry, facial recognition, and other biometric systems may be subject to biometric privacy requirements depending on the jurisdiction. Whether an employee has a potential claim can depend on the technology used, the notices and consent provided, how the information was retained or disclosed, and whether the applicable law provides the employee with a private remedy.

Are Facial Recognition Tools Covered Under Biometric Privacy Laws?

Facial recognition and face-geometry technologies can fall within biometric privacy laws, although statutory definitions and requirements vary. Whether a particular system is covered can depend on what information the technology generates, how that information is used, the purpose of the collection, and the law that applies.

Can I File A Claim If A Company Kept My Biometric Data Longer Than Allowed?

Potentially. Some biometric privacy laws impose retention or destruction requirements, but those requirements and the available enforcement mechanisms vary. Whether improper retention supports an individual’s lawsuit depends on the applicable statute, whether it provides a private right of action, and the circumstances of the alleged violation.

Contact Net Law Advocates For A Free, Confidential Consultation

If your fingerprint, facial scan, voiceprint, or other biometric information was collected, retained, shared, or exposed in circumstances that concern you, contact Net Law Advocates to discuss what happened. Call 888-913-2318 or fill out our secure web form to schedule a free, confidential consultation. We represent plaintiffs nationwide and can evaluate the applicable law, how your biometric information was handled, and whether legal action may be available.