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, Alabama 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 specifically address the collection, use, and protection of biometric data, Alabama has not yet passed legislation that comprehensively regulates biometric identifiers like fingerprints, facial recognition, and iris scans. In the absence of state-specific biometric privacy legislation, residents of Alabama are subject to the general privacy protections provided by federal laws and any applicable state laws that govern personal data and privacy. However, businesses operating in Alabama that collect biometric data should be aware of the laws in other states where they operate, as they may be subject to those jurisdictions' biometric privacy regulations.