IAPP Exam CIPP-US Topic 2 Question 75 Discussion

When storing biometric data, such as fingerprints, organizations in the U.S. must comply with state-specific biometric privacy laws if they operate in states that regulate biometric information. The most prominent of these laws is the Illinois Biometric Information Privacy Act (BIPA), but similar laws also exist or are developing in other states, such as Texas and Washington.

Key Considerations for Storing Biometric Data:

Illinois Biometric Information Privacy Act (BIPA): BIPA (740 ILCS 14) is a leading and highly influential state law regulating the collection, storage, and use of biometric information. It requires organizations to:

Obtain informed, written consent before collecting biometric data.

Establish a publicly available policy governing the retention and destruction of biometric data.

Use a reasonable standard of care to protect biometric data from unauthorized access or use.

Prohibit the sale or transfer of biometric data without consent.

California and Biometric Data: While California's California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) provide general protections for personal information, including biometric data, they do not have the specific consent and handling requirements that BIPA does. Nevertheless, California residents have rights related to access, deletion, and the sale of biometric information.

Explanation of Options:

A. The Privacy Rule of the HITECH Act: The HITECH Act applies to the protection of protected health information (PHI) under HIPAA. While the Privacy Rule regulates healthcare-related information, it does not apply to Jane's biometric data used for remote authentication unless it is tied to PHI. This scenario is unrelated to healthcare, so this answer is incorrect.

B. The California IoT Security Law (SB 327): California's IoT Security Law primarily focuses on ensuring security requirements for connected devices. It does not regulate the collection or storage of biometric information. This is not relevant to the question.

C. The applicable state law such as Illinois BIPA: This is correct. State biometric privacy laws, such as Illinois BIPA, explicitly govern the collection, storage, and use of biometric data like fingerprints. Organizations like Jones Labs must ensure compliance with such laws, including obtaining consent and properly securing and destroying biometric information.

D. The federal Genetic Information Nondiscrimination Act (GINA): GINA prohibits discrimination based on genetic information in employment and health insurance. However, it does not regulate the storage of biometric data like fingerprints. This is not applicable to this scenario.

Best Practices for Compliance:

Jones Labs should:

Understand the applicable state biometric laws: If Jane resides in Illinois or other states with biometric laws, Jones Labs must comply with those specific legal requirements.

Obtain informed consent: Ensure that employees like Jane sign a written consent form before storing their fingerprints for authentication.

Secure biometric data: Use strong encryption and other security measures to protect the biometric information.

Define retention and destruction policies: Clearly establish how long biometric data will be stored and how it will be destroyed after its purpose is fulfilled.

Reference from CIPP/US Materials:

Illinois Biometric Information Privacy Act (BIPA): Sets the standard for biometric privacy regulations in the U.S.

California Consumer Privacy Act (CCPA): Protects personal information but does not specifically regulate biometric data like fingerprints with the same rigor as BIPA.

IAPP CIPP/US Certification Textbook: Discusses the emergence of state-specific biometric privacy laws and their applicability in different scenarios.