Just like in India every govt and private office has bio-metric system. However the changing privacy legal environment in Colarado USA has made it based out of consensual for the employers
All set to be enforceable from July 1, 2025, an amendment to the Colorado Privacy Act will impose new requirements on companies collecting and using biometric information. This includes data like fingerprints and facial scans. While many rules don’t apply to biometric data collected for employment, employers must get consent from employees and adopt a policy addressing biometric information. Now lets delve into the
Key Steps for Employers:
- Audit Data Practices: Review current data handling practices to see if biometric information is collected.
- Obtain Consent: Ensure that you have consent from both prospective and current employees before collecting biometric data.
- Adopt a Biometric Policy: Create a policy detailing how biometric data will be collected, stored, and used. This should include a retention schedule and a protocol for security incidents.
Understanding the Biometric Amendment:
On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA), concerning biometric information. This amendment, effective from July 1, 2025, primarily impacts how employers must handle biometric data. Key obligations include obtaining employee consent and implementing a written biometric policy.
Consent and Policy Requirements:
The Biometric Amendment requires employers to get specific, informed consent from employees before collecting biometric identifiers. Employers can condition employment on consent for certain uses, like access to secure areas or monitoring work hours.
The written biometric policy must cover:
- Retention period for biometric data.
- Response plan for data breaches.
- Guidelines for data deletion.
Impact on Employers:
Unlike Illinois’s Biometric Information Privacy Act (BIPA), Colorado’s amendment does not allow private lawsuits, reducing legal risks. Enforcement is managed by the Colorado attorney general and district attorneys.
Compliance Tips:
- Conduct Audits: Identify if and how you collect biometric data.
- Obtain Consent: Ensure employee consent is documented and informed.
- Develop Policies: Create comprehensive biometric data policies.
Conclusion:
Employers must act now to ensure compliance with Colorado’s new biometric data rules. Conducting audits, obtaining consent, and developing policies are essential steps. Stay informed on potential regulatory updates to maintain compliance and protect employee privacy.
For more details, you can read the full text of the amendment here.
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