Examining The AI-Based Biometric Surveillance Data Collected by Employers: A Review Based on Federal and State Laws Protecting Employee Privacy Rights

This article examines the effectiveness of existing federal and state laws in regulating employers' use of artificial intelligence in workplace biometric surveillance technology to protect employees' privacy rights. Despite the importance of striking a balance between employers' needs for security and productivity and employees' privacy concerns, the analysis indicates that the current federal legislative framework fails to achieve this balance. The study highlights the federal government's focus on protecting employers' interests at the expense of employees' privacy rights. Consequently, this paper assesses the suitability of alternative legal mechanisms, including private laws and guidelines, to address this pressing issue. Building upon these assessments, the research proposes a combination of legal and non-legal strategies to safeguard employee privacy. This includes the development of more robust privacy laws and guidelines, promoting transparency and accountability in the implementation of AI-based biometric surveillance by employers, and increasing employees' awareness of their privacy rights. By adopting these recommendations, policymakers can establish a fair equilibrium between employers' security concerns and employees' privacy rights.