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W W W. M A I N E B I Z . B I Z 17 F E B R UA R Y 2 4 , 2 0 2 0 F O C U S WO R K P L A C E T E C H N O L O G Y fingerprint, voice recognition and retina scanners for security purposes. All that adds up to a huge amount of biometric or personal employee data in the hands of their employers, exposing companies to increasing legal liability. "We're at a time in the United States when we don't have any federal law that oversees the collection of this biometric data from an employment standpoint, but we're seeing more and more states that are stepping in and creating statutes to protect consumers and employees from the use of this data, because it's an asset," says Tawny Alvarez, a partner in the labor and employment prac- tice at Portland law firm Verrill. She points to statutes in Illinois, Texas and Washington and the new California Consumer Privacy Act. While Maine doesn't have a statute or case law in this area, Alvarez cites the 2007 bankruptcy of a California company called Pay By Touch that attempted to sell its database of fin- gerprints from grocery shoppers using its technology. "It was at that point that all the legislators said, 'you can't sell this, it's not like a credit card number," she says. "I think in the future we're going to see more states mandating protec- tions in place for employees." What the experts recommend So what should Maine employers do when it comes to collecting personal data? Proceed with caution, according to Alvarez and other lawyers. "I would make sure that a policy is in place beforehand that provides an out- line of what they're going to use the data for, who is going to have access to it, and the timeline for destruction of the data," Alvarez says. She also recommends get- ting written consent from employees that's signed and dated, and looking to statutes in other states as guidance. Since 1989 Local Decisions Be Budget! 800.924.4229 www.bdtme.com Problems Solved. Budget Document Technology is an industry leader in providing digital solutions for document creation, production, and distribution. Helping Maine get business done! • Multi-functional Color & B&W Copiers • Printers & Scanners • Postage & Mailing Equipment • Software & Network Solutions • Managed Print Services There is simply no substitute for good judgment and getting things right the first time. That's where Drummond Woodsum attorneys Dan Rose, Pete Felmly, Tom Trenholm, Allen Kropp, Michael Buescher, S. Campbell Badger and Elek Miller can help. A group of highly specialized attorneys focused on providing human resource professionals with the guidance they need in dealing with personnel matters. We practice law differently. Since 1965. dwmlaw.com dwmlaw.com | 800.727.1941 800.727.1941 Workplace Solutions for Maine Employers C O N T I N U E D O N F O L L OW I N G PA G E » We're seeing more and more states that are stepping in and creating statutes to protect consumers and employees from the use of this data, because it's an asset. — Tawny Alvarez Verrill

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