Legal and Ethical Issues in Use of Biometrics: Modality Selection, Implementation and State Laws

Use of biometrics for authentication offers both promise and peril. In addition to raising privacy concerns, biometric systems may yield biased outcomes. The long-term prospects of biometrics will depend on its responsible and ethical development, deployment and use, noted Chris Burt, managing editor of Biometric Update, at a recent program the organization sponsored. This first installment of a two-part article series synthesizing insights from the program covers key concerns over use of biometrics, selection of biometric modalities, responsible and ethical implementation and state biometric privacy laws. Part two will discuss fast identity online authentication, issues around identity proofing and why biometrics may be the best alternative for some use cases despite its flaws. See “No End in Sight: Biometrics Litigation Trends” (Mar. 16, 2022).

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