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 2023, Georgia does not have a comprehensive biometric information privacy law similar to the Biometric Information Privacy Act (BIPA) of Illinois. While states like Illinois, Texas, and Washington have specific statutes regulating the collection, use, and handling of biometric data, Georgia has not enacted such targeted legislation. In Georgia, the use of biometric technology would be subject to general privacy laws and regulations that protect personal information. Companies operating in Georgia that use biometric data should ensure they comply with applicable federal laws, such as the Children's Online Privacy Protection Act (COPPA) and the Health Insurance Portability and Accountability Act (HIPAA), where relevant. Additionally, they should stay informed about any changes in state law or new regulations that may affect the handling of biometric data.