SHOULD PERSONAL INFORMATION AND BIOMETRIC DATA BE PROTECTED UNDER A COMPREHENSIVE FEDERAL PRIVACY STATUTE THAT USES THE CALIFORNIA CONSUMER PRIVACY ACT AND THE ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT AS MODEL LAWS?

Authors

Buresh, Donald L.

Abstract

The issue addressed in this paper was that only a minority of states have passed privacy and biometric privacy rights laws. The collection, storage, use, and dissemination of personal information and biometric data is becoming paramount due to the public’s ever-increasing desire for security. The purpose of this study was to understand and evaluate the privacy and property issues that states confront that are inherent within the use and results of employing personal information and biometric data to enhance corporate security in their efforts to protect individual privacy. This research addressed the following questions: (1) What are the biometric privacy issues that states face regarding individual and corporate needs for security and privacy?; (2) Why do the several states continue to be vulnerable to litigation regarding biometric privacy issues?; (3) How does the State of Illinois address biometric privacy issues in its statutory effort to protect individuals against organizations that employ biometric cybersecurity procedures?; and (4) How does the Illinois Biometric Information Privacy Act benefit the federal government and other states in their efforts to create and pass biometric privacy laws that protect the privacy rights of their citizens? Four key findings are discussed in this study. The major finding was that neither the California Consumer Privacy Act as amended, the California Privacy Right Act nor Illinois’ Biometric Information Privacy Act overlap to form a far-reaching privacy law because the subject matters of both laws are different. The recommendations argue that the United States needs an all inclusive privacy law that encompasses both personal information and biometric information.

Recommended Citation

Buresh, Donald L., SHOULD PERSONAL INFORMATION AND BIOMETRIC DATA BE PROTECTED UNDER A COMPREHENSIVE FEDERAL PRIVACY STATUTE THAT USES THE CALIFORNIA CONSUMER PRIVACY ACT AND THE ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT AS MODEL LAWS?, 38 Santa Clara High Tech. L.J. 39 (2021).
Available at: https://digitalcommons.law.scu.edu/chtlj/vol38/iss1/2