BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month October 28, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

Gathering Employee Biometric Data: Regulatory Update, Employer Risks, Lessons Learned From Recent Settlements

$297.00

This course is $0 with these passes:

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Description

An increasing number of employers are collecting employee biometric data for a variety of reasons including performing fingerprint and retinal scans for security or timekeeping purposes or tracking and analyzing workers' movements for safety and productivity purposes. Counsel and their clients should be aware of the current status of biometric privacy laws to ensure compliance and minimize the risk of costly claims.

While there is not yet a federal law governing the collection of biometric data, Section 5 of the Federal Trade Commission (FTC) Act gives the agency authority to take enforcement action against commercial organizations that engage in deceptive trade practices involving biometric data including deceptive statements about the collection and use of the information. This applies not just for marketing or commercial purposes but also to employers' use of biometric data.

Additionally, an increasing number of states and municipalities are enacting biometric privacy laws that are proving costly to noncompliant employers. For example, Illinois' Biometric Information Privacy Act (BIPA) requires, among other things, disclosure of the specific purpose for data collection and a written release from the individual from whom biometric information will be collected. BIPA class action lawsuits have cost employers millions of dollars. Other states and municipalities with biometric privacy laws that may affect employers include Texas, Washington, Colorado, and New York City. 

Listen as our expert panel provides a comprehensive overview of the status of U.S. biometric privacy laws and the impact on employers. The panel will also provide best practices for collecting and using biometric data in the workplace in order to remain compliant.

Presented By

Anna Mercado Clark
Partner, Data Privacy and Cybersecurity and e-Discovery Practice Teams Leader, Cryptocurrency and Blockchain Team Co-Leader
Phillips Lytle Llp

As leader of Phillips Lytle’s Data Security & Privacy and E-Discovery & Digital Forensics Practice Teams, Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former Assistant District Attorney, she also handles white collar criminal matters and investigations. Additionally, Ms. Clark has been awarded the following ANSI-accredited credentials by the International Association of Privacy Professionals (IAPP): Certified Information Privacy Professional/Europe (CIPP/E); Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US); and Certified Information Privacy Manager (CIPM). CIPP/E and CIPP/US are preeminent certifications for advanced concentration in European data protection laws and U.S. private-sector laws, standards and practices, respectively. The CIPM certification recognizes Ms. Clark’s ability to design, build and operate data privacy management programs that are compliant with privacy laws and regulations. Ms. Clark has also been designated as a Fellow of Information Privacy (FIP). The FIP designation signifies that she has demonstrated her comprehensive knowledge of privacy laws, privacy program management and essential data protection practices with significant data security and privacy experience in these areas. Ms. Clark is among a select group of individuals around the world who have received this designation.

Daniel R. Saeedi
Partner, Co-Lead Biometric Privacy Team
Blank Rome LLP

Mr. Saeedi’s principal practice areas are labor and employment law and corporate litigation. He has represented governmental and private clients in workplace discrimination litigation, class action defense, policy formulation and litigation regarding employment agreements. In his corporate practice, Mr. Saeedi has represented directors, officers and shareholders in a wide range of corporate and securities-related disputes. He is a frequent speaker and writer on corporate and employment matters.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, October 28, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction

A. Reasons for collecting employee biometric data

B. Data collection methods

II. Federal regulation 

A. FTC

III. State and local regulation

A. Illinois

B. Texas

C. Washington

D. Colorado

E. NYC

F. Other

IV. Notable settlements

V. Best practices for policy development

VI. Practitioner takeaways

The panel will review these and other important issues:

  • In what ways and for what purposes are employers using technology to gather employee biometric data?
  • What is the status of federal protection related to using biometric data?
  • What notable state and local biometric privacy laws are impacting employers?
  • What are best practices for creating company policies and procedures governing the use of employee biometric data?