Wear Your Heart on Your Sleeve, Whether You Like It or Not: How Federal Regulation Can Address Advances in Biometric Technology

The use of biometric data for identification and authentication has become a common practice for people and businesses across the world. While these technologies offer a promising means of enhanced security, the emergence of artificial intelligence and machine learning has enabled the analysis of biometric data to reveal some of our most intimate personal information from simple physical characteristics. The rapid advancement of this technology has brought the issue of regulation to the forefront of discussions in both Congress and state legislatures. Accordingly, many states have proposed, and in several instances passed legislation specifically regulating the collection of biometric data. Despite these monumental technological advances and the myriad of privacy concerns that follow, there is currently no federal act regulating the collection and use of consumers’ and employees’ biometric data. This Comment discusses why it is time to institute a federal regulatory scheme for the collection and use of biometric data. Specifically, a federal regulatory scheme that leverages the best parts of the current state and international regulations, and balances the interests of businesses, employees, and consumers.