By: Haley Rubin
Biometric data is one of people’s most sensitive and private forms of information. Yet, biometric information privacy laws are either absent or incomplete in US states, challenging to comply with in the EU, and extremely inconsistent between the regions. This incompatibility not only threatens the protection of consumer biometric information, but also makes it infeasible for corporations to operate successfully both in the United States and in the EU. While the respective regulations have failed to realize their goals, neither region has invested in formulating new laws, nor have the EU and United States developed support mechanisms to promote compliance. Failing to respond to this pressing concern places biometric information at grave risk— information that can never be changed once compromised. This Article proposes that the United States and EU sign and adopt a joint regulation standardizing laws between the regions, promoting the security of biometric information, and implementing support mechanisms to ensure corporate compliance.