Some members of the California legislature want their state to remain the leader for data privacy and cybersecurity regulation in the U.S. This includes protections for biometric information, similar to those under the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). State Senator Bob Wieckowski introduced SB 1189 on February 17, 2022, which would add protections for biometric information in his state on top of other statutory provisions, such as the California Privacy Rights Act (CPRA) which goes into effect January 1, 2023.
If enacted, SB 1189 would significantly expand privacy and security protection for biometric information in California and likely influence additional legislative activity in the U.S. Notably, unlike some of the limitations on application in the California Consumer Privacy Act (CCPA), the Bill would apply to any private entity (defined as an individual, partnership, corporation, limited liability company, association, or similar group, however organized, other than the University of California). It could also open the door to a wave of litigation, similar to what organizations subject to the BIPA currently face.
SB 1189 includes a fairly broad definition of biometric information, tracking the definition under the CCPA that went into effect January 1, 2020:
“Biometric information” means a person’s physiological, biological, or behavioral characteristics, including information pertaining to an individual’s deoxyribonucleic...
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