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, Minnesota has not enacted a comprehensive biometric information privacy law similar to Illinois' Biometric Information Privacy Act (BIPA). While Minnesota does have data privacy laws that protect personal information, these laws do not specifically address the unique aspects of biometric data such as fingerprints, facial recognition, or iris scans. In the absence of specific state biometric privacy legislation, the collection and use of biometric data in Minnesota would be subject to general privacy principles and applicable federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA) for health-related information, or the Children's Online Privacy Protection Act (COPPA) for the data of children under 13. Businesses operating in Minnesota that collect biometric data should be aware of the potential for future legislation and should ensure that their practices align with general privacy and data protection standards.