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Golden Gate University School of Law

GGU Law Review Blog

Biometric data

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Biometric Data Collection: Market Necessity Or Unconstitutional Overkill?, Thomas Langtry Nov 2021

Biometric Data Collection: Market Necessity Or Unconstitutional Overkill?, Thomas Langtry

GGU Law Review Blog

Congress should pass, and the President should sign into law, the National Biometric Information Privacy Act of 2020 (National BIPA). Introduced by Senators Jeff Merkley (D-OR) and Bernie Sanders (I-VT), this bill limits the ability of private entities to collect biometric data and requires them to ensure the privacy and security of data they do collect. Unlike most federal regulatory legislation, it also provides for a private right of action through which individuals can seek meaningful remedies.

Critics argue that the bill will deprive consumers of online shopping services and convenient digital security, and that employers and retailers may retaliate …