Biometric Consent Form for the United States

Biometric Consent Form Template for United States

A legally binding document used in the United States that obtains explicit consent from individuals for the collection, storage, and use of their biometric data. This document ensures compliance with various state and federal regulations, including BIPA, CCPA, and other state-specific biometric privacy laws. It outlines the purpose of collection, security measures, retention policies, and individual rights regarding their biometric information.

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What is a Biometric Consent Form?

The Biometric Consent Form has become increasingly critical in the United States due to the growing use of biometric technology across various sectors and stringent privacy regulations. This document is essential when organizations collect biometric identifiers such as fingerprints, facial recognition data, retinal scans, or voice patterns. It helps organizations comply with state laws like BIPA and CCPA while providing transparency to individuals about how their sensitive biological data will be collected, stored, used, and protected. The form serves as both a legal safeguard for organizations and an informational tool for data subjects.

What sections should be included in a Biometric Consent Form?

1. 1. Introduction: Identifies the parties providing consent and the organization collecting biometric data

2. 2. Purpose of Collection: Clearly states why biometric data is being collected and how it will be used

3. 3. Types of Biometric Data: Specifies what biometric data will be collected (fingerprints, facial recognition, retinal scans, etc.)

4. 4. Data Storage and Security: Explains how data will be stored, protected, and the security measures in place

5. 5. Data Retention and Destruction: Details how long the data will be kept and procedures for secure deletion

6. 6. Consent Declaration: Express consent statement and signature block for the individual providing consent

What sections are optional to include in a Biometric Consent Form?

1. Third-Party Sharing: Details about any third parties who may have access to the biometric data and the purpose of sharing

2. International Transfer: Information about potential cross-border data transfers and applicable safeguards

3. Minor's Consent: Additional provisions and parental consent requirements for collecting data from minors

4. Employee Rights: Specific provisions for workplace collection of biometric data and employee rights

What schedules should be included in a Biometric Consent Form?

1. Schedule A - Technical Specifications: Detailed information about the biometric collection methods and technology used

2. Schedule B - Security Protocols: Comprehensive overview of security measures, safeguards, and data protection procedures

3. Schedule C - Data Retention Schedule: Specific timeframes for data retention and step-by-step deletion procedures

4. Schedule D - Applicable Laws: List of relevant privacy laws and regulations that apply to the collection and processing of biometric data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Industries

COPPA: Children's Online Privacy Protection Act - Required when collecting biometric data from children under 13

FTC Guidelines: Federal Trade Commission guidelines governing general data security requirements

HIPAA: Health Insurance Portability and Accountability Act - Applies when biometric data is collected in healthcare contexts

BIPA: Illinois Biometric Information Privacy Act - Most comprehensive state-level biometric privacy law requiring explicit consent and detailed disclosures

Texas Biometric Law: Texas Business and Commerce Code ������ 503.001 - State regulations on biometric identifier collection and handling

Washington HB 1493: Washington State House Bill 1493 - Regulates the collection, usage, and storage of biometric identifiers

CCPA/CPRA: California Consumer Privacy Act and California Privacy Rights Act - Comprehensive privacy laws including biometric data protection

NY SHIELD Act: New York Stop Hacks and Improve Electronic Data Security Act - Requirements for security measures protecting biometric data

Disclosure Requirements: Mandatory elements including purpose of collection, storage methods, retention period, deletion procedures, and data sharing practices

Consent Requirements: Explicit consent requirements for collection, use, and sharing of biometric data

Security Measures: Required data security protocols and safeguards for protecting biometric information

Individual Rights: Rights granted to individuals regarding access, correction, and deletion of their biometric data

Breach Notification: Required procedures and timelines for notifying individuals and authorities in case of data breaches

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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