St. Thomas Law Review


Carla Llaneza

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This Comment will address the different ways in which biometric data has become an integral part of everyday American life, whether it be through the use of facial recognition for national security or the use of fingerprinting to access an individual’s smartphone. Part II will further discuss how biometric data privacy legislation, specifically as set out in the Biometric Illinois Privacy Act (“BIPA”), has become prominent and will analyze its effects on the legal rights of consumers to bring suit against private entities. Part III will discuss the present solutions available to consumers who fall victim to companies who distribute consumer’s information. Further, Part IV will compare these solutions to the European Union’s regulation known as the “Right to be Forgotten”. Finally, Part V will discuss the solutions to biometric privacy data breaches by proposing federal legislation similar to the already established state law private causes of action for the aggrieved, as well as giving the individual the option to participate in complete data wiping, similar to that which is done in the European Union.