Thumbs Up for Biometric Authentication!

Authors

• Gwen "Wendy" Kennedy, Western State University School of Law

Abstract

For years, biometric authentication devices, such as palm print devices, retinal scanners and facial recognition technology, were things only seen in science fiction movies. But, in recent years, fiction and reality have been on a collision course. Government laboratories and defense installations have utilized these biometric authentication devices for decades, but commercial applications did not exist until more recently. This delay was caused in part by the high cost of these devices and the legal uncertainty surrounding their use in the commercial realm. However, these concerns have vanished and due to the growing instances of identity theft, the timing for this technology has never been better. The only remaining impediment to the large-scale deployment of biometric authentication devices is the perceived threat to privacy. While existing law provides a modicum of privacy protection for consumers, more protection will be necessary to ease consumer concerns about identity theft. This article proposes the introduction of a federal regulatory regime based in large part on the Code of Fair Information Practices. As an added incentive for vendors and financial institutions to adopt these practices, this article also proposes the grant of favorable legal presumptions to those who abide by these practices.

Recommended Citation

Gwen "Wendy" Kennedy, Thumbs Up for Biometric Authentication!, 8 Computer L. Rev. & Tech. J. 379 (2004)