Habinsky in HR Magazine: Use of Biometric Data Grows, Though not Without Legal Risks

08/29/2018

HR Magazine quoted Haynes and Boone, LLP Partner Jason Habinsky in an article about legal concerns following the increasing use of biometric technologies in the workplace.

Here is an excerpt:

Jason Habinsky, a partner in employment law with Haynes and Boone law firm in New York City, said that just having sound procedures around the use of biometrics is insufficient.

"It's essential to also have a written policy in place," he said. "The policy should detail exactly the type of devices being used and what specifically they're being used for. That should be clear so employees can't later claim they didn't know how and why biometrics would be used in the workplace."

Policies should also include how long biometric data will be kept and when it will be destroyed. "That means if there is no longer a need for the data the company won't perpetually maintain it," Habinsky said. "Some laws that have been introduced but not yet passed make clear how long employers can keep that information, typically a certain number of years after the employee is no longer working for the company."

To read the full article, click here.

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