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Colorado New Requirements for Biometric Data : What Businesses Need to Know BCLP

On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively, “Biometric Requirements”). Although the Biometric Requirements have garnered relatively limited attention, they do introduce significant new obligations for businesses that collect and process biometric identifiers and data that will need to be addressed by the time they come into force on July 1, 2025. Expanded Applicability Unlike most other portions of the CPA, smaller organizations and/or those that only collect non-consumer data (e.g., HR data only) can also find themselves on the hook for complying with the Biometric Requirements. While the CPA generally only applies to businesses that meet certain thresholds (processing personal data of 100,000 or more Colorado residents or selling personal data of 25,000 or more residents), the new requirements in section C.R.S. § 6-1-1314 apply much more broadly. Any entity doing business in Colorado or targeting Colorado residents must now comply with these Biometric Requirements, regardless of size or data volume. Moreover, the Biometric Requirements apply to employers that collect biometric information from their employees, in spite of the fact that the CPA otherwise excludes from its application personal information used in the employment context. However, the CPA maintains the existing exemptions, including, for example, HIPAA related exemptions.

This includes data such as fingerprints, facial recognition, voice recognition, and iris scans.

The Importance of Biometric Data

Understanding the Concept

Biometric data is a crucial aspect of modern technology, and its importance cannot be overstated. In today’s digital age, biometric data is used to authenticate users, verify identities, and provide a secure way to access sensitive information. The use of biometric data has become increasingly prevalent in various industries, including finance, healthcare, and government.

Key Applications

  • Authentication: Biometric data is used to authenticate users, ensuring that only authorized individuals have access to sensitive information. Identity Verification: Biometric data is used to verify identities, reducing the risk of identity theft and fraud. Access Control: Biometric data is used to control access to secure areas, such as buildings and data centers. ## The Risks and Challenges**
  • The Risks and Challenges

    Security Concerns

    Biometric data is sensitive and can be vulnerable to security breaches. If not properly secured, biometric data can fall into the wrong hands, leading to identity theft, financial loss, and reputational damage.

    Risks Associated with Biometric Data

  • Data Breaches: Biometric data can be stolen through data breaches, compromising user identities and sensitive information.

    Protecting Sensitive Biometric Data Requires a Comprehensive Approach to Security and Compliance.

    These events include:

          • The end of the retention period for the biometric identifier or biometric data. The deletion of the biometric identifier or biometric data. The destruction of the biometric identifier or biometric data. ## Biometric Data Security and Compliance
          • Biometric Data Security and Compliance

            The use of biometric data has become increasingly prevalent in various industries, including finance, healthcare, and government. As a result, companies must prioritize biometric data security and compliance to protect sensitive information and maintain public trust. In this article, we will delve into the biometric requirements and security measures that companies must adopt to ensure the safe handling of biometric data.

            Biometric Requirements

            Under the Biometric Requirements, companies must adopt and publicly disclose a written policy governing their handling of biometric identifiers and biometric data. This policy must establish clear retention schedules and outline comprehensive incident response protocols. The policy must also establish strict deletion timelines triggered by the earliest of three events. The end of the retention period for the biometric identifier or biometric data.

            Data Retention and Deletion

            Companies must establish clear retention schedules for biometric data, outlining the duration for which the data will be retained and the criteria for its deletion. This ensures that biometric data is not stored for longer than necessary, reducing the risk of unauthorized access or breaches. The retention period must be reasonable and proportionate to the purpose of the biometric data. The retention period must be clearly communicated to employees and stakeholders.

            Ensuring Transparency and Accountability in Biometric Data Collection and Use.

            This includes providing a description of the biometric data that will be collected, the purpose of the collection, and the potential risks and benefits associated with the use of biometric identifiers.

            Biometric Requirements: Ensuring Transparency and Accountability

            Understanding the Need for Transparency

            In today’s digital age, the use of biometric identifiers has become increasingly prevalent. From facial recognition technology to fingerprint scanning, biometric data is being collected and used in various applications, including law enforcement, border control, and financial transactions. However, the use of biometric identifiers raises significant concerns about privacy, security, and accountability.

            Key Biometric Requirements

            The General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) have established specific biometric requirements that companies must adhere to.

            Transparency is key to building trust in biometric data collection.

            Consent and Refreshing Biometric Data

            In today’s digital age, biometric data collection has become increasingly prevalent. However, with this growing trend comes the need for transparency and accountability. The Biometric Requirements emphasize the importance of obtaining informed consent from individuals before collecting their biometric data. This consent is not only a legal necessity but also a moral imperative.

            Key Points to Consider

          • Consent must be explicit and voluntary. Consent must be refreshed after 24 months of inactivity. Websites must include a clearly labeled link to the notice on their homepage. Mobile applications have additional requirements. ### The Importance of Transparency
          • The Importance of Transparency

            Transparency is crucial in biometric data collection. Individuals have the right to know how their data is being used and shared. The Biometric Requirements ensure that organizations provide clear and concise information about their biometric data collection practices.

            Here are some key points to consider:

            Biometric Policy

          • A biometric policy must be developed and implemented by employers that collect and use biometric identifiers. The policy should outline the purpose, scope, and limitations of biometric data collection and use. The policy should also outline the procedures for data storage, security, and disposal. ### Notice and Consent*
          • Notice and Consent

          • Employers must provide notice to employees about the collection and use of biometric identifiers. The notice should include information about the purpose, scope, and limitations of biometric data collection and use. The notice should also include information about the procedures for data storage, security, and disposal. ### Data Security and Protection*
          • Data Security and Protection

          • Employers must implement measures to protect biometric data from unauthorized access, use, or disclosure. This includes implementing access controls, encryption, and secure storage practices. Employers must also ensure that biometric data is not used for purposes other than those specified in the biometric policy. ### Compliance with Regulations*
          • Compliance with Regulations

          • Employers must comply with relevant regulations and laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Employers must also comply with industry-specific regulations and standards. ### Examples of Biometric Policy and Notice
          • Examples of Biometric Policy and Notice

          • A biometric policy might include the following language: “We collect and use biometric identifiers, such as fingerprints and facial recognition, for the purpose of accessing buildings and facilities.

            The Colorado Attorney General will have primary enforcement responsibility for the Biometric Requirements.

            Introduction

            The Biometric Requirements for Colorado’s driver’s licenses and identification cards are a set of regulations that aim to protect the privacy and security of individuals’ biometric data.

            This includes understanding the legal and regulatory requirements and standards that govern the collection, storage, and use of biometric data.

            Understanding the Importance of Biometric Compliance

            In today’s digital age, biometric data has become an essential component of various industries, including finance, healthcare, and security.

            Biometric Data Protection: A Growing Concern in Privacy Law

            The use of biometric data, such as fingerprints, facial recognition, and iris scans, has become increasingly prevalent in various industries, including law enforcement, finance, and healthcare. However, this growing reliance on biometric data has also raised significant concerns about privacy and security. In response, many states have enacted laws to protect biometric data, and federal legislation may be on the horizon.

            State-Level Biometric Data Protection Laws

            Several states have enacted laws to protect biometric data, including:

          • California’s BIPA (Biometric Information Privacy Act): This law requires companies to obtain explicit consent from individuals before collecting, storing, or selling their biometric data. It also imposes strict data security requirements and provides individuals with the right to access and delete their biometric data. Texas’s Biometric Information Privacy Act: This law prohibits the unauthorized use of biometric data and requires companies to obtain consent from individuals before collecting and storing their biometric data. New York’s Biometric Information Privacy Act: This law requires companies to obtain explicit consent from individuals before collecting, storing, or selling their biometric data, and imposes strict data security requirements. ### Federal Legislation**
          • Federal Legislation

            Federal legislation may be on the horizon to address the growing concern of biometric data protection. The Biometric Information Privacy Act of 2020, introduced in the U.S.

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