California Improves Outdated Privacy Law with Biometric Protection

Date: 10/29/2019

A privacy law in California is changing and addresses biometric protection. As criminals find new and different ways to inflict harm, various laws have evolved over the years to address such needs. Driving laws, for example, have had to adapt to faster speeds, stronger engines, self-driving technology and cellular phones. Schools and medical offices have had to revisit their student or patient protections with the advent of computerized record keeping. Even sports organizations and their governing bodies have had to reevaluate their regulations in light of newer technologies and the studies behind sports-related injuries.

Update to the Information Practices Act of 1977

Now, a new privacy law signed by California’s Governor Gavin Newsom recently highlights the way that change can make a huge impact on a lot of people, especially where their privacy is concerned.

In California, a privacy law, the Information Practices Act of 1977, was still the deciding factor in prosecuting or filing civil suits in privacy cases. What lawmakers knew about personally identifiable information (PII) back then, as well as what criminals could do with it, was outdated, and it was time for a fresh look.

Now, thanks to the newly signed bill, biometric data is included in the kinds of information that companies must keep secured if they are going to gather it. As more and more companies use things like fingerprints or facial recognition software for a wide variety of purposes, the burden of protecting that information falls on them.

Change Needed Due to Increase in Data Breach Incidents Exposing PII

According to the Identity Theft Resource Center, the volume of PII exposed in data breaches increased by 126% between 2017 and 2018 to more than 446 million records exposed. The bill also re-examines how people must be notified in the event of a data breach. One of the positive trends in identity theft and fraud over the past few years has been the increasingly rapid response to breach events, especially in terms of notifying consumers quickly if they were victimized.

Perhaps the most important thing for lawmakers to recognize is the fluid nature of creating laws that protect the public. There have been cases historically in which a perpetrator of a heinous act was let go simply due to the fact there was no clear law in place to punish the offender. With updates to identity theft and privacy laws, the public will now be even more secure.

Contact the Identity Theft Resource Center for toll-free, no-cost assistance at 888.400.5530. For on-the-go assistance, check out the free ID Theft Help App from ITRC.


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