Duty LXD-1446
Processes biometric data, in Pennsylvania
Each law's tag says when it binds: since in force proposed proposed
Dittman v. UPMCsince 2 lines
196 A.3d 1036 (Pa. 2018)
- Applies to an employer that stores its employees' sensitive personal information on an internet-accessible computer system.
- Exercise reasonable care to safeguard that information: the Supreme Court of Pennsylvania held, on review of an order sustaining preliminary objections in the nature of a demurrer, that such an employer has a legal duty to do so.
House Bill 78, sensitive data and biometric data definitionsproposed2 lines
Pa. H.B. 78, sec. 2 (PN 3688) · Read the law's page
- A faceprint or voiceprint deliberately extracted from a public photograph, video, or audio recording to identify someone is not biometric data under HB 78 as amended by Printer's Number 3688, unlike under BIPA or Wisconsin's breach statute, which carry no such exclusion.
- Obtain opt-in consent before processing sensitive data, including biometric or genetic data collected to uniquely identify an individual.