Modern technologies found in sensors, software, and readers make it increasingly possible to use fingerprints, facial recognition, retinal or iris scans, voiceprint reading, gait analysis, or keystroke analysis to identify a person.

In response to these technologies, some state legislatures (Arkansas, California, Illinois, New York, Texas, Washington) have enacted biometric information privacy laws that govern the collection and use of this data.

For example, in Illinois, the Biometric Information Privacy Act (BIPA) provides a set of rules for companies collecting biometric data—and unlike the biometric data privacy statutes in Texas and Washington, it creates a private cause of action, allowing Illinois residents whose biometric data is improperly collected or used to file a lawsuit for the violation of the statute.

There are essentially five key features of the Illinois law known as BIPA:

• it requires informed consent prior to collection;

• it prohibits any profiting from biometric data;

• it allows only a limited right to disclose the data;

• it sets forth both protection obligations and data retention guidelines for businesses; and

• it creates a private cause of action for those harmed by BIPA violations.

As of my knowledge cutoff in early 2023, Iowa has not enacted specific biometric information privacy laws comparable to the Biometric Information Privacy Act (BIPA) in Illinois. While states like Illinois, Texas, and Washington have specific statutes regulating the collection, use, and storage of biometric data, Iowa currently does not have such comprehensive legislation. In Iowa, the use of biometric technology would be subject to general privacy laws and regulations that protect personal information. Companies operating in Iowa that use biometric data should ensure they comply with federal privacy laws and any applicable sector-specific regulations, as well as stay informed about any future state legislative developments regarding biometric data privacy.