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, West Virginia has not enacted specific biometric information privacy laws comparable to the Biometric Information Privacy Act (BIPA) in Illinois or similar statutes in other states like Arkansas, California, New York, Texas, and Washington. In the absence of specific state statutes in West Virginia governing the collection, use, and protection of biometric data, the use of modern technologies such as fingerprinting, facial recognition, and other biometric identifiers would be subject to general privacy laws and regulations at the federal level, as well as any applicable sector-specific laws. Companies operating in West Virginia should ensure compliance with federal privacy standards and be aware of any developments in state legislation that may introduce new requirements for biometric data in the future.