Bill Restricting Companies’ Use of Biometrics and Expanding California’s Right To Know Nationwide Introduced in Senate

Kurt Wimmer, Lindsey Tonsager and Sarah Guerrero of Covington & Burling write:

Senators Jeff Merkley (D-Merkley) and Bernie Sanders (I-Vermont) recently introduced the National Biometric Information Privacy Act (NBIPA), which would require private entities to obtain consumers’ and employees’ written consent prior to collecting their biometric information and expand nationwide individuals’ access rights and rights to request additional information from businesses. The bill also would grant a private right of action. Unlike other proposals that focus on regulating the use and funding of biometric surveillance technology by government entities, the NBIPA regulates private entities’ use of biometrics.