ABSTRACT
Privacy, an essential human right, is increasingly compromised in the digital age – often traded for security and convenience. This erosion is exacerbated by the pervasive use of digital technology, which introduces new methods of identification and surveillance. Historical implicit privacy is no longer sufficient; explicit rules are required to balance security needs with privacy rights. Regulations like the GDPR in the EU and BIPA in Illinois provide initial frameworks for protecting privacy, yet gaps remain, particularly in the workplace.
Employers frequently surveil employees in many ways and have even transitioned to using biometric data, such as facial recognition for identification. This practice raises significant privacy concerns, as current laws primarily focus on notice and consent, failing to address the power imbalance between employers and employees. Critics argue that employees often have no real choice but to concede to biometric data collection, with inadequate protections against its misuse.
This article proposes a novel approach: allowing employees to license their biometric data to employers for specific purposes, such as security, with robust safeguards. This model includes detailed notice, informed consent, and stringent conditions on data use and disposal. By rebalancing the employer-employee relationship, this approach aims to protect employee privacy while enabling employers to meet legitimate security needs. It aligns with existing legislation, enhancing protections, and empowering employees in the digital workplace.
Haas, Peter, Privacy Protection Through Publicity: Licensing Ones Likeness To Employers Via Biometrics (April 10, 2025), 35 Albany Law Journal of Science & Technology (2025).
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