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, Wyoming has not enacted specific biometric information privacy laws comparable to those in states like Illinois, California, or Texas. Unlike Illinois, which has the Biometric Information Privacy Act (BIPA) that provides comprehensive regulations on the collection, use, and handling of biometric data, along with a private right of action for individuals to sue for violations, Wyoming does not have a statute that directly addresses the use of modern technologies such as fingerprints, facial recognition, or iris scans for personal identification. Businesses and entities operating in Wyoming must still comply with general privacy laws and principles, but there is no state-specific legislation that governs biometric data with the same level of detail as BIPA. As technology evolves and the use of biometric data becomes more prevalent, it is possible that Wyoming may consider enacting similar legislation in the future.