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, Rhode Island 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, Rhode Island relies on more general privacy laws and regulations that may apply to biometric information. These general privacy protections may include laws related to data protection and consumer privacy, but they do not provide the same level of specificity or the same provisions, such as a private cause of action, that are found in Illinois' BIPA. Residents and businesses in Rhode Island must look to federal laws, such as the Children's Online Privacy Protection Act (COPPA) and the Health Insurance Portability and Accountability Act (HIPAA), and general state privacy laws for guidance on the use of biometric data. Attorneys in Rhode Island would need to navigate these broader legal frameworks when advising clients on biometric data issues.