Big Data Discrimination: Maintaining Protection of Individual Privacy Without Disincentivizing Businesses’ Use of Biometric Data to Enhance Security

Abstract

Biometric identification technology is playing an increasingly significant role in the lives of consumers in the United States today. Despite the benefits of increased data security and ease of consumer access to businesses’ services, lack of widespread biometric data regulation creates the potential for commercial misuse. Of particular concern is the use of biometric data by businesses, such as those within the data broker industry, to enable opaque discrimination against consumers. Although some states, such as Illinois, Texas, and Washington, have adopted comprehensive biometric data regulation statutes, the statutes do not offer a consistent approach. This Note argues that Congress should consider enacting a comprehensive statute. The industry-specific approach to privacy regulation of federal law, however, may leave regulation up to the states. Therefore, as more states look to regulate businesses’ collection and use of biometric data, they should enact statutes that seek to balance protecting consumers’ biometric data from discriminatory use and businesses’ use of biometric data to enhance security and provide improved products and services.