Biometric Identifier

Definition

A unique physical or behavioral characteristic used to identify an individual, including fingerprints, voiceprints, retina or iris patterns, facial geometry, hand geometry, or other distinctive biological or behavioral features. Unlike biometric data (which is the processed data derived from these characteristics), biometric identifiers are the actual physical traits themselves. State laws like Illinois BIPA and Texas's biometric privacy law specifically regulate collection and use of biometric identifiers. These laws typically require obtaining informed written consent before collecting biometric identifiers, prohibit selling or profiting from biometric data, mandate written retention and destruction policies, and require reasonable security measures. The key distinction from general biometric data regulation is that biometric identifier laws often apply regardless of whether the data is processed for identification purposes. Organizations collecting fingerprints, facial scans, or other biometric identifiers should carefully review applicable state laws.

Applicable Laws & Regulations

  1. 1Biometric Information Privacy Act (BIPA) 740 ILCS 14/15 - Biometric identifier definition and requirements
  2. 2Texas Capture or Use of Biometric Identifier Act Business & Commerce Code §503.001 - Biometric identifier regulation
  3. 3GDPR Article 4(14) - Biometric data definition

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