The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400) “to regulate the collection, retention, disclosure, and destruction of biometric information.” Class action litigation over biometric privacy has already exploded across the country, so far centering on the alleged use of facial recognition and employee timekeeping technologies. In the last few years alone, cases have been brought on behalf of hundreds of thousands of claimants. If enacted, the National Biometric Information Privacy Act will all but ensure this number increases exponentially. This client alert provides a comprehensive overview of the proposed National Biometric Information Privacy Act and a comparison to other privacy statutes.

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