Modern technologies found in sensors, software, and readers make it increasingly possible to use fingerprints, facial recognition, retinal or iris scans, voiceprint reading, gait analysis, or keystroke analysis to identify a person.

In response to these technologies, some state legislatures (Arkansas, California, Illinois, New York, Texas, Washington) have enacted biometric information privacy laws that govern the collection and use of this data.

For example, in Illinois, the Biometric Information Privacy Act (BIPA) provides a set of rules for companies collecting biometric data—and unlike the biometric data privacy statutes in Texas and Washington, it creates a private cause of action, allowing Illinois residents whose biometric data is improperly collected or used to file a lawsuit for the violation of the statute.

There are essentially five key features of the Illinois law known as BIPA:

• it requires informed consent prior to collection;

• it prohibits any profiting from biometric data;

• it allows only a limited right to disclose the data;

• it sets forth both protection obligations and data retention guidelines for businesses; and

• it creates a private cause of action for those harmed by BIPA violations.

As of my knowledge cutoff date in early 2023, Alaska does not have a specific biometric information privacy law similar to the Illinois Biometric Information Privacy Act (BIPA). Unlike states such as Illinois, Texas, and Washington, which have enacted laws that regulate the collection, use, and storage of biometric data, Alaska has not yet passed comprehensive legislation addressing the privacy and security of biometric identifiers. In the absence of state-specific biometric privacy laws, residents of Alaska are subject to the general privacy protections provided by federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA) for health-related information, and the Children's Online Privacy Protection Act (COPPA) for children's data. However, it is important for entities operating in Alaska to stay informed about any changes in the legal landscape regarding biometric data, as state legislatures across the country are increasingly considering such regulations.