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, Missouri does not have a comprehensive biometric information privacy law similar to the Biometric Information Privacy Act (BIPA) of Illinois. Unlike states such as Illinois, Texas, and Washington, which have specific statutes regulating the collection, use, and storage of biometric data, Missouri has not enacted such targeted legislation. In Missouri, the use of biometric technology is subject to general privacy laws and regulations that protect personal information, but there is no statute that specifically addresses the unique aspects of biometric data such as fingerprints, facial recognition, or iris scans. Companies operating in Missouri are not bound by the same stringent requirements as those in Illinois, such as obtaining informed consent prior to collection, prohibiting the sale of biometric data, or providing a private cause of action for individuals whose biometric data is mishandled. However, it is important for businesses and individuals to stay informed about any changes in state laws, as the legal landscape regarding biometric data privacy is evolving.