How Long Employers Are Allowed To Keep Biometric Data
Employers across the United States increasingly rely on biometric systems such as fingerprint scanners, facial recognition tools, voiceprints, palm scans, and other identifiers to track attendance, verify identity, or control facility access. These technologies may seem convenient. Yet, they also carry significant risks when not handled properly. Many employees do not know how long their employers store this information, where it is kept, whether it is shared with third parties, or what happens to it after they leave the company.
Because biometric identifiers are permanent and cannot be replaced once compromised, improper retention creates serious legal and personal consequences. As cybersecurity and privacy lawyers at Net Law Advocates, we guide employees nationwide who may have claims related to unlawful biometric data retention. Understanding how long employers are allowed to keep this data is essential to determine if their actions violated state or federal law.
Biometric data storage is governed mainly by state-level privacy laws. Some federal regulations may apply in certain industries. The most well-known state law is the Illinois Biometric Information Privacy Act (BIPA), which sets strict rules for retaining and handling biometric information. Other states, including Texas and Washington, have similar statutes, but their requirements differ.
Several additional states are moving toward adopting laws that govern biometric data, or including biometric identifiers within larger consumer-privacy statutes. In states without explicit biometric privacy laws, employers may still be liable. They can face consequences under consumer-protection statutes, common-law privacy claims, or data breach notification laws if they store biometric identifiers improperly.
What Biometric Privacy Laws Require
Biometric privacy laws usually require employers to treat biometric data with more caution than other personal information. Under Illinois BIPA, for example, employers must have a written retention schedule and destruction policy. Biometric identifiers may be kept only until the initial purpose for collecting them has ended, or for no more than three years after the employee’s last interaction with the employer, whichever comes first. This rule prevents companies from storing fingerprints, facial scans, or voiceprints forever.
Texas and Washington require businesses to protect biometric identifiers, but do not define specific retention periods as clearly as BIPA. Instead, these states require companies to destroy the information within a “reasonable time” after the purpose of collection has ended. The lack of a precise timeframe often becomes a point of legal dispute, especially when employers fail to provide any destruction policy at all.
Some states, including Colorado, Virginia, and California, regulate biometric information as part of broader consumer-privacy laws. These laws may not set biometric-specific retention periods, but often require employers to keep data only as long as necessary for the stated purpose. Retaining biometric identifiers longer than needed may violate these statutes.
Federal laws may also apply in limited contexts. For example, biometric identifiers used in healthcare environments may fall under the Health Insurance Portability and Accountability Act (HIPAA). Biometric information used in financial or security-sensitive settings may be subject to federal cybersecurity or recordkeeping regulations. Federal laws rarely specify biometric retention timelines, but they require strong security protections and strict control over sensitive information.
Why Retention Limits Are So Important
Biometric identifiers cannot be changed. Unlike a password or ID badge, a fingerprint or facial scan remains the same for life. When an employer stores biometric information longer than necessary, the risk increases that a breach, unauthorized access, or improper data handling will expose workers to permanent harm.
The longer biometric data is kept, the more likely it can be copied, transferred to third parties, or stored in outdated systems without modern security protections. Many employees never give meaningful consent for extended storage, and some are unaware that their data remains in a company’s possession years after their employment ends. Excessive retention also increases the risk of identity theft, unauthorized surveillance, or misuse by outside vendors handling the employer’s data systems.
Employers who keep biometric information beyond the lawful or stated timeframe may break state privacy laws and breach duties of confidentiality. They may also face significant statutory damages. Under Illinois BIPA, individuals may seek damages for each violation. Each instance of improper storage, unauthorized sharing, or over-retention may qualify.
How Long Employers Are Allowed To Keep Biometric Data
Because laws vary by state, the retention period depends on where the employee worked and how the information was collected. Key rules include:
Illinois (BIPA)
Employers may store biometric identifiers only until the original reason for collecting the data has been met, or for three years from the employee’s last interaction with the employer, whichever is sooner. Keeping biometric data longer than this violates the law.
Texas (Capture or Use of Biometric Identifier Act)
The law requires destruction within a “reasonable time,” generally interpreted as a period needed to fulfill the specific purpose of collection. However, the statute does not define a precise number of years, and improper retention can still create liability.
Washington (Biometric Identifiers Law)
A “reasonable time” destruction standard applies, but employers must not retain biometric identifiers longer than necessary for the stated purpose.
California, Colorado, Virginia, Connecticut, Utah
These consumer-privacy statutes do not always list biometric identifiers separately but treat them as sensitive personal information. Employers must limit retention to the time needed for the stated purpose. Keeping such data too long may violate laws on data minimization and privacy.
States Without Biometric-Specific Laws
Even in states without clear biometric privacy statutes, employers may violate common-law privacy rights or data breach statutes by retaining biometric information indefinitely.
What Employees Can Do If Their Biometric Data Was Stored Too Long
If you believe your employer kept your biometric data longer than allowed, you may have legal claims for statutory damages, monetary losses, or other harm resulting from improper retention. Our cybersecurity lawyers review retention schedules, policy documents, vendor agreements, and consent forms to determine whether your rights were violated. We represent employees nationwide and help them hold companies accountable for keeping sensitive data longer than necessary or permitted by law.
Biometric Data Frequently Asked Questions
What Laws Determine How Long My Employer Can Keep My Biometric Data?
The timeframe depends on the applicable state laws and the purpose of the data collection. Illinois BIPA sets one of the strictest standards, allowing retention for only as long as necessary or three years after the employee’s last interaction. Texas and Washington require destruction within a reasonable time, while states like California and Colorado require retention only for the disclosed purpose. In states without biometric-specific laws, other privacy statutes may still apply.
Does My Employer Have To Tell Me How Long They Will Keep My Biometric Information?
Under Illinois BIPA and several consumer-privacy laws, employers must disclose their retention schedule and destruction policy in writing. Many employees never receive this information, which may violate applicable laws. Our attorneys evaluate whether disclosures were made and whether the employer followed its own policy.
What Happens If My Employer Kept My Biometric Data After I Left The Company?
If your employer kept biometric identifiers beyond the lawful or stated timeframe, they may be liable for statutory damages or privacy violations. Retaining the data after employment ends increases the risk of exposure, especially if the company no longer needs the information. Our firm reviews retention practices to determine whether the employer violated privacy requirements.
Can I Sue My Employer For Keeping My Biometric Data Too Long?
Yes. Under BIPA and certain other state laws, individuals may bring claims for improper retention, unlawful storage, or failure to destroy biometric data. Even in states without biometric-specific statutes, employees may still have claims under consumer-protection laws or common-law privacy principles. We assess these claims on a state-by-state basis.
Why Is Long-Term Storage Of Biometric Data A Problem?
Biometric identifiers cannot be changed once compromised. Extended retention increases the risk of security breaches, unauthorized access, and misuse by third-party vendors. Many employees are unaware their data remains stored long after employment ends, increasing long-term exposure. The law recognizes these risks and restricts how long employers may keep such sensitive information.
How Can I Find Out Whether My Employer Still Has My Biometric Data?
You can request written information about retention and destruction policies under several state privacy laws. Our attorneys can assist you in securing these documents and reviewing whether the employer’s practices comply with legal requirements. If your employer refuses to provide information, that may be a sign of improper handling.
Contact Net Law Advocates For A Free, Confidential Consultation
If you believe your employer kept your biometric data longer than allowed or failed to follow statutory requirements, our cybersecurity lawyers at Net Law Advocates are ready to assist. We represent plaintiffs across the United States in biometric privacy cases, unlawful data retention claims, and related cybersecurity matters.
To learn whether you may have a claim, please complete our secure web form. Our attorneys will review your situation, evaluate potential violations, and explain your options. We represent plaintiffs nationwide and offer a free, confidential consultation through our online form.
