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 in early 2023, Colorado has not enacted a comprehensive biometric information privacy law similar to the Biometric Information Privacy Act (BIPA) in Illinois. While Colorado has privacy laws that protect personal information, there is no specific statute that addresses the collection, use, and storage of biometric data in the same way that BIPA does. Companies operating in Colorado are subject to general privacy principles and must ensure they protect consumer data, but they do not have the same obligations under state law regarding biometric data as they would in states like Illinois, Texas, or Washington. It's important for residents and businesses in Colorado to stay informed about any changes in legislation, as the legal landscape regarding biometrics and privacy is evolving rapidly.