On July 23, 2017, Washington State will become the third state (after Illinois and Texas) to statutorily restrict the collection, storage and use of biometric data for commercial purposes. The law focuses on “biometric identifiers,” which it defines as “data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual.”

Notably for our readers, the law excludes all photos, video or audio recordings, or information “collected, used, or stored for health care treatment, payment or operations” subject to HIPAA from the definition of “biometric identifiers.”

We invite you to read Fox partner Gavin Skok’s extensive discussion of the new law and how it handles businesses’ collection, storage and use of biometric identifiers.