Legal and Ethical Issues in Use of Biometrics: FIDO, Identity-Proofing and Other Options

Biometrics are rising in popularity as an authentication method. A facial scan or fingerprint arguably can provide definitive evidence of a person’s identity. In the wrong hands, however, such immutable information can pave the way to identity theft. This second article in a two-part series synthesizing insights from a Biometric Update program discusses fast identity online authentication, issues around identity proofing and why biometrics may be the best alternative for some use cases despite its flaws. Part one covered key concerns over use of biometrics, selection of biometric modalities, responsible and ethical implementation, and state biometric privacy laws. See our two-part series on digital identity management in a post-pandemic world: “A Framework for Identity-Centric Cybersecurity” (Mar. 24, 2021), and “SolarWinds, Zero Trust and the Challenges Ahead” (Mar. 17, 2021).

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