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Viewpoint: Biometric Information Privacy Statutes Could Be a Minefield for Insurers, Insurance Journal

Posted Feb 19, 2021

Insurance Journal has published the biometric information privacy article written by Brett A. Scher, KDV partner and co-chair of the Professional Liability practice group, and Jean Y. Liu, KDV Chicago attorney on February 19, 2021.

In recent years, there has been a dramatic increase in private entity use of biometric-dependent technology to assist with employee timekeeping, financial transactions and security.

In turn, privacy concerns regarding biometric information have intensified, prompting legislators to enact statutory protections directed at entities that collect, store and disseminate biometric identifiers, such as fingerprints and facial geometry.

New York lawmakers have joined this trend, most recently proposing New York Assembly Bill 27 (AB27) to regulate the collection and use of biometric information. In light of this developing area of law, many private entities have been caught by surprise, only learning about these protective statutes after they have been served with a lawsuit.

With it being likely that AB27, or a version thereof, will be passed in the near future, it is imperative that both New York entities and their insurers fully understand the landscape of the litigation surrounding existing biometric information privacy laws.

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