Joseph J. Lazaarotti of JacksonLewis writes:
…… Modeled after Illinois’s Biometric Information Privacy (BIPA), the National Biometric Information Privacy Act (Act), proposed by Sens. Jeff Merkley and Bernie Sanders, contains three key provisions:
- A requirement to obtain consent from individual prior to collecting and disclosing their biometric identifiers and information.
- A private right of action against entities covered by the Act that violate its protections which entitles aggrieved individuals to recover, among other things, the greater of (i) $1,000 in liquidated damages or (ii) actual damages, for negligent violations of the protections granted under the law.
- An obligation to safeguard biometric identifier or biometric information in a manner similar to how the organization safeguards other confidential and sensitive information, such as Social Security numbers.
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