Biometric Information

News & Analysis as of

State Law Roundup: Legislatures Across the U.S. Revamp Data Breach Notification Laws

As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

EEOC Guidance: Redesigning Wellness Programs to Comply with the ADA

Although the Equal Employment Opportunity Commission (EEOC) has been actively taking legal action against employers over wellness programs that it considers coercive under the Americans with Disabilities Act (ADA), companies...more

Wellness Programs and the EEOC, Part One

On May 29, 2013, the U.S. Department of Labor, the U.S. Department of the Treasury, and the U.S. Department for Health and Human Services finalized rules regarding wellness programs offered in conjunction with group health...more

Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs

On Monday, the Equal Employment Opportunity Commission ("EEOC") published much anticipated proposed regulations amending Americans with Disabilities Act ("ADA") regulations on employer wellness programs. Specifically, the...more

EEOC Issues Proposed Regulations on Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs. In...more

Wellness Watch

According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more

Quirky Question #247, An Update on Wellness Programs

Question: Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more

New privacy rules on biometric data for the Internet of Things?

Privacy rules aimed at facilitating the processing of biometric data have been just issued by the Italian data protection authority (the Garante) with the purpose of fostering technologies relying on their usage including...more

Corporate Wellness Programs: It’s Time for a Check-Up

The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are...more

Minnesota Judge Issues Blow to EEOC’s Challenge to Corporate Wellness Program (For Now, Anyway…)

Can an employer require employees to undergo biometric testing or suffer penalties under their health benefit plan as part of a corporate wellness program? On November 3, U.S. District Judge Ann Montgomery refused to grant...more

Federal Judge Rejects EEOC's Attempt to Block Honeywell's Wellness Program

Last week, EmployNews reported a lawsuit filed against Honeywell by the Equal Employment Opportunity Commission challenging a new wellness program the agency alleged violated the Americans with Disabilities Act and the...more

Court Denies EEOC’s Requested Preliminary Injunction to Block Wellness Plan Biometric Testing

On November 3 U.S. District Court Judge Ann Montgomery gave Honeywell International a victory in Round One of the EEOC’s legal challenge to Honeywell’s wellness program, by refusing to grant the EEOC preliminary restraints...more

EEOC Asks Court To Halt Biometric Testing Features of Corporate Wellness Program

On October 27, 2014 the Equal Employment Opportunity Commission asked the U.S. District Court in Minnesota to temporarily restrain Honeywell International’s wellness program from performing biometric testing on employees. The...more

BREAKING: EEOC Seeks Court Order To Halt Honeywell’s Biometric Testing

The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health...more

Duplicate Biometrics Appointment Notices

There are reports that USCIS is issuing a second biometrics appointment notice after receiving a prior notice over the past several weeks and appearing for biometrics capture. We understand that the American Immigration...more

Is the Password Finally Dead? Fernando Corbató Hopes So.

As noted in a recent article in the Wall Street Journal, although his impact on our daily lives arguably rivals that of Bill Gates, Mark Zuckerberg, and other giants in the computer industry, the name Fernando Corbató remains...more

Protection against Business and Legal Risks from the iPhone 5s Security Vulnerabilities

The iPhone 5s debuted with a list of new features designed to enhance its users’ experience. Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone with their fingerprint....more

10 Privacy Issues to Watch in 2014

2014 promises further legislative, regulatory and judicial attention to a number of high-profile privacy issues. This article examines 10 privacy issues and trends likely to receive attention in the coming year, including the...more

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

On the Third Day of Privacy, My Smartphone Followed Me…

In 2013 geolocation and biometrics were hot topics. Apple included a fingerprint reader on the new iPhone which was either really cool or an epic fail depending on your viewpoint, and Google and the NSA are tracking our...more

New Bill Calls For Biometric Exit-Tracking System

A key element of immigration control involves tracking the arrival and departure of foreign visitors to the United States. While the need for arrival controls is apparent, many argue that recording departures is also...more

USCIS Launches Customer Identity Verification System

In order to help facilitate processing and ensure identity accuracy at its field offices, U.S Customs and Immigration Services (USCIS) recently announced that, as of September 9, 2013, USCIS will use a new verification tool...more

Biometric Data to be Taken at USCIS Interviews

As of September 9, 2013, the U.S. Citizenship & Immigration Services (USCIS) has implemented the Customer Identity Verification (CIV) system in its field offices, which will enable local USCIS offices to take the fingerprints...more

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