Tailoring Biometric Innovation to Privacy Law in the Retail Industry

Authors

Bailey White, Southern Methodist University, Dedman School of LawFollow

Abstract

Biometric data technology is trending in retail. Retailers utilize biometric data to improve their bottom line through virtual try-on technology (VTOT), contactless payment methods, fingerprint scanners, and more—albeit at potentially steep prices. Many types of biometric technology used in retail fall under strict U.S. state privacy laws, exposing businesses to serious legal and financial consequences. This Comment provides an analysis of the current state of biometric data privacy law in the U.S., focusing on Illinois’ Biometric Information Privacy Act (BIPA), California’s Consumer Privacy Act (CCPA), Privacy Rights Act (CPRA), and more. This Comment also identifies proposed legislation, relevant case law, and broader policy implications that highlight how state laws create a complex web of regulations that lead to costly penalties for businesses both big and small. In response, many retailers are either adapting their use of biometric technology to address privacy concerns or abandoning it altogether, despite the operational and financial benefits it offers. By exploring the traditional applications of biometric data in retail, the intricate nature of U.S. biometric privacy laws, retailers' responses to these privacy issues, and recent legislative developments, this Comment underscores the need for consistent privacy laws in the U.S. to balance innovation in retail with effective data protection for everyday consumers.

Recommended Citation

Bailey White, Tailoring Biometric Innovation to Privacy Law in the Retail Industry, 27 SMU Sci. & Tech. L. Rev. 343 (2024)