Defend against claims for the misuse of biometric information

On Behalf of | May 17, 2024 | Insurance Coverage Defense |

Biometric data use has increased significantly, with many companies using fingerprints, facial recognition and iris scans for security and identification. While this technology offers better security, it also brings legal risks. Companies must protect this sensitive information or face liability claims for misuse.

Insurance companies can help their clients understand and use various methods to defend against these claims.

Use strong data protection measures

Companies should demonstrate that they use strong data protection measures. These include encrypting biometric data, using secure servers and updating security protocols regularly. Showing a commitment to data security can help defend against negligence claims.

Get consent

Companies should get explicit consent from people before collecting their biometric data. This consent should be informed and documented. Clear communication about how the data will be used and stored can prevent misunderstandings and reduce the risk of claims.

Follow legal and regulatory requirements

Businesses must comply with laws and regulations regarding biometric data. They should stay updated on relevant legislation, such as the General Data Protection Regulation in Europe and the Biometric Information Privacy Act in Illinois. Following relevant laws shows a commitment to legal standards, providing a strong defense in liability cases.

Conduct regular audits and assessments

Regular audits and assessments of biometric data practices can help find potential weaknesses and areas for improvement. These audits should evaluate data security measures, consent processes and legal compliance. Regular assessments show proactive management of biometric data, strengthening a company’s defense against claims.

Train employees and raise awareness

Employees should receive training on the importance of protecting biometric data and the company’s policies regarding its use. This training should include recognizing phishing attempts and other security threats. Well-trained employees can prevent data breaches and misuse, reducing the likelihood of liability claims.

Limit data storage

Companies should store biometric data only as necessary for business purposes. Implementing data minimization practices can reduce the risk of data misuse. Destroying biometric data when it is no longer needed also lowers liability risks.

Insurance companies must adopt a proactive approach to defending against biometric data liability claims. By focusing on these strategies, they can better protect their clients from the legal risks associated with the misuse of biometric information, ensuring comprehensive coverage and robust defense against potential claims.

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