
As a result, employers who wish to implement biometric time clocks can risk penalties if a fingerprint time clock is used. New York Labor Law prohibits an employer from requiring an employee’s fingerprint unless it is required by law. It cannot be shared without the employees consent unless its required by law or a search warrant requires it. In Illinois, biometric data cannot be sold, leased or used for profit in any manner. Biometric data should be deleted when the employee is terminated and deleted from the timekeeping system. Usually this will be only for the length of the employment. The purpose should also be explained so employees understand that biometric time clocks will only use biometric identifiers to identify an employee for time worked and not for other purposes.Įmployers should notify employees regarding the length of time their data will be used and stored. They should explain the nature of the biometric data and how it works. However, it does require individuals be notified regarding the use of biometric data.Įmployers can maintain compliance with BIPA by informing employees that biometric data is going to be collected. It’s important for employers to understand that BIPA doesn’t prohibit the use or collection of biometric data. The Illinois Biometric Privacy Act or BIPA, requires certain notifications and consent around biometric use.


It is critical that employers in these states be aware of these laws.
