Understanding Biometric Data and Why Target Is Facing a Lawsuit Over Its Use

Biometric data has become ingrained in our daily lives. It provides us with an extra layer of security when accessing apps and enables us to pay for products without the need for cash, a credit card, or even a smartphone. Businesses use this data to restrict access to secure rooms and prevent retail theft. And the government relies on biometrics to track criminals and detect illegal entry into the country. While using biometric data has its benefits, this use also comes with concerns, including privacy. Recently, Target, one of the nation’s largest retailers, has come under fire for allegedly collecting biometric data from its customers without their knowledge or consent. With biometric data being utilized all around us for a variety of purposes, it’s important to understand exactly what it is, and the broader implications of its use.

What is Biometric Data?

Biometric data refers to the unique physical or behavioral characteristics that can identify an individual, such as fingerprints or facial recognition. This type of data is often considered more secure than passwords or IDs, because it relies on features inherent to the individual person, making it more difficult to replicate or steal. For this reason, many people have switched from passwords to facial recognizing for opening their phones or logging into banking apps.

Types of Biometric Data

There are three types of biometric data: biological (features assessed from body fluids), morphological (physical traits like your iris or the shape of your face), and behavioral (such as how you walk or speak). The following are the most common types of biometric data:

• Fingerprint Recognition. One of the most widely used forms of biometric identification, it involves scanning the unique patterns of ridges and valleys on a person’s fingertip.

• Facial Recognition. Increasingly used in retail, security, and mobile device access, it uses features like the shape of your jawline or the distance between eyes to verify identity.

• Iris Recognition. Highly accurate and difficult to fake, this involves scanning the unique patterns of the iris in the eye.

• Voice Recognition. Using a person’s unique vocal characteristics, it analyzes pitch, tone, and cadence.

• Behavioral Biometrics. Assessing how a person moves, such as walking patterns, keystrokes, and mouse movements, it creates a unique behavioral profile.

Retailers and Biometric Data

In recent years, retailers have started leveraging biometric technologies for a variety reasons – from improving customer experience, speeding up the checkout process, and personalizing services, to increasing security, enhancing loss prevention, and gathering data for targeted marketing. One notable harnessing of biometric data is the use of facial recognition to monitor customers and detect potential shoplifters. But does using such technology without a customer’s knowledge and consent violate the law? While there is no federal law regulating the use of biometric data, some states have enacted their own regulations. Illinois is one of those states, and it is there that Target is facing a class action suit for its collection of biometric data.

Target’s Use of Biometric Data

Target, like many other large retailers, has been collecting biometric data, and now it’s in the spotlight. According to the lawsuit, Target allegedly used facial recognition technology to track customers inside its stores without customers’ consent. The plaintiffs claim that customers have not been told how the data, including their likeness, is used or how long it will be stored, which is in violation of Illinois’ Biometric Information Privacy Act (BIPA). Under this law, businesses must obtain written consent from individuals before collecting biometric data, disclose how it will be used, and maintain proper safeguards relating to storage. While Target tried to get the case dismissed because the claims were based on news reports rather than factual knowledge, the judge denied that request. In addition to privacy, the lawsuit underscores a growing concern about the safety of biometric data, as biometric identifiers are permanent and cannot be changed if they are compromised.

The Pros and Cons of Biometric Data Use

As noted above, the of use of biometric data has potential benefits, such as:

1. Enhanced Security. Biometric data is harder to steal or duplicate than PINs or passwords.

2. Convenience. Biometric systems provide consumers with a faster and more convenient way to authenticate themselves.

3. Personalized Experiences. Retailers can use biometric data to tailor services to individual customers.

4. Improved Loss Prevention. Biometric systems can help identify suspicious behavior and more effectively detect shoplifting.

But it also comes with detriments:

1. Privacy Concerns. Many people don’t want their personal information and characteristics accessible.

2. Security Risks. A privacy breach can be devastating – you can’t simply get new fingerprints or change your DNA.

While biometric data can optimize the experiences of consumers, businesses, and the government alike, the use of such data can also lead to significant challenges and dangers if not handled properly.