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 the knowledge cutoff date in 2023, Utah does not have a specific biometric information privacy law akin to the Illinois Biometric Information Privacy Act (BIPA). Unlike states such as Illinois, Texas, and Washington, which have enacted laws that specifically address the collection, use, and storage of biometric data, Utah has not yet passed legislation that comprehensively regulates biometric identifiers. However, Utah residents are subject to general privacy laws and regulations that may offer some level of protection for personal information, including biometric data. Companies operating in Utah should still be aware of best practices for data privacy and security, and they should monitor for any changes in state legislation that may introduce new requirements for the handling of biometric information.