Practical Compliance Tips: Texas Capture or Use Biometric Identifier Act (“CUBI”)
Biometric Privacy Insider
For some time now, the well-known Illinois Biometric Information Privacy Act (“BIPA”)—discussed in this previous blog post—has garnered much of the spotlight in the area of biometric privacy. What many are unaware of, however, is that several similar state-level biometric privacy laws are also currently in effect in other parts of the country. One of those laws is Texas’ Capture or Use of Biometric Identifier Act, Tex. Bus. & Comm. § 503.001 (“CUBI”). While not as threatening to businesses that use biometrics in their operations as its Illinois counterpart, CUBI nonetheless poses substantial liability exposure risk for noncompliance.
Overview
- Scope of Applicability to Businesses: CUBI applies to the collection of “biometric identifiers” for a “commercial purpose.”
- “Biometric Identifier”: Biometric identifier means a “retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.”
- “Commercial Purpose”: “Commercial purpose” is defined by the statute. In the absence of additional guidance, companies should assume a commercial purpose includes any business purpose or related purpose tied to company operations.
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