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 the knowledge cutoff in 2023, Arkansas does not have a comprehensive biometric information privacy law similar to the Illinois Biometric Information Privacy Act (BIPA). While Arkansas has enacted some legislation that touches on privacy and data security, such as the Personal Information Protection Act, it does not specifically address the collection, use, and storage of biometric data to the extent that BIPA does. Therefore, in Arkansas, there are no statutory requirements for informed consent prior to the collection of biometric data, no prohibition on profiting from biometric data, no specific limitations on the right to disclose biometric data, nor any detailed protection obligations and data retention guidelines for businesses regarding biometric information. Additionally, Arkansas does not provide a private cause of action for individuals whose biometric data is improperly collected or used, unlike the provision found in Illinois' BIPA.