Biometric Identification Process Explained: A Look at Identity Verification Through Fingerprints, Facial Recognition, and More.
In the ever-evolving landscape of data privacy, Colorado has taken a significant step forward with its Biometric Data Privacy Amendment. Effective from July 1, 2025, the new regulations impose stringent obligations on entities collecting biometric data from Colorado residents, marking a major shift in biometric privacy protection within the United States.
The amendment, part of House Bill 24-1130 and the Colorado Privacy Act (CPA), extends to all companies doing business in Colorado, regardless of whether they meet the CPA's jurisdictional thresholds. This means that employers and businesses, both within and outside Colorado, must take notice.
The amendment covers a wide range of biometric identifiers, including fingerprints, facial geometry, iris scans, and voiceprints. Consent for biometric data collection is now limited to narrowly defined purposes, such as secure access, timekeeping, workplace safety, or public safety during emergencies. Crucially, consent cannot be a condition of employment outside these cases.
Entities are required to provide clear notice before collection, adopt a written policy detailing retention and deletion schedules, and maintain a protocol for responding to security incidents. The policy must be publicly available with limited exceptions. Strict data deletion schedules, annual policy reviews, and enhanced security measures for storage and transmission are mandated. Selling, leasing, or trading biometric identifiers without consent is prohibited.
The Colorado Attorney General and district attorneys are authorized to enforce these provisions. While Colorado's law is among the most detailed and stringent, other states like Illinois, Texas, and Washington also have their own biometric privacy laws, each with varying requirements for consent, notice, and private rights of action.
Businesses should prepare for these changes by reviewing and updating biometric data policies, consent forms, and incident response plans to meet Colorado's requirements. Given the irreversible nature of biometric data compromise, the law emphasizes heightened security and transparency.
As biometric privacy continues to be a focal point for U.S. lawmakers, businesses across the nation should monitor these developments and prepare for possible expansion of similar regulations in other jurisdictions. The implications extend beyond Colorado, as even businesses based outside the state must assess whether they collect biometric data from Colorado residents and, if so, comply with these new rules.
In conclusion, Colorado's 2025 biometric privacy amendment represents a significant step forward in biometric privacy protection, imposing rigorous consent, notice, policy, and security requirements on employers and businesses that use biometric authentication within the state. Companies should be proactive in their approach to compliance, ensuring they are well-prepared for the changes ahead.
- As the landscape of biometric privacy evolves, not only Colorado but also other states like Illinois, Texas, and Washington are implementing their own laws, indicating that the importance of biometric privacy regulation in the field of science and technology is increasingly recognized by finance-oriented legislative bodies.
- While Colorado's strict biometric data regulations primarily affect businesses operating within the state, the broad definition of entities in the amendment extends to companies doing business with Colorado residents, suggesting that the implications of this technology-driven legislation reach far beyond the boundaries of the jurisdiction.
