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, North Carolina has not enacted specific biometric information privacy laws akin to the Biometric Information Privacy Act (BIPA) in Illinois. Unlike states such as Illinois, Texas, and Washington, which have specific statutes regulating the collection, use, and storage of biometric data, North Carolina relies on more general privacy laws and regulations that may apply to biometric data. These general privacy protections could include laws against unauthorized access to computer systems, identity theft, and the misuse of personal information. Companies operating in North Carolina that collect 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), as well as any relevant sector-specific regulations. Additionally, they should stay informed about any changes in state legislation, as the legal landscape regarding biometric data is evolving across the United States.