What is Employee Biometric Consent?
The Employee Biometric Consent option in Fingercheck offers employees a sign-able digital consent form explaining how Fingercheck clocks collect their biometric data for timekeeping purposes. This consent option is useful for U.S. states with legislation on collecting biometric data, such as fingerprints or facial information before it can be used.
If your company uses biometric clocks within a state that implements biometric consent laws, we have a form that employees can sign when they log in to their self-service accounts.
Enabling employee biometric consent
Log in to your Fingercheck account.
Click the SETUP tab > Company > Clock Management.
If you have a biometric clock, you'll see a line for it on this screen.
Click the Edit icon (pencil) to edit the clock.
Select the Show Employee Biometric Consent checkbox.
Click Save.
With this option enabled, the next time your employees log in using their Fingercheck Self-Service accounts, they'll be shown a consent form, which they can sign or dismiss.
Some states may require consent before using biometric data. If you're in one of those states, Fingercheck will have you covered thereby requiring that the employee sign the agreement form.
What if I have an employee who doesn't want to consent?
The server will reject any punches for an employee if they do not consent to the storage of their biometric data, which will result in the server not receiving their punch data, which is obviously a problem.
Below are some alternative methods by which an employee can punch in and out using Fingercheck.
If the employee has a smartphone, they can punch in using the Fingercheck Mobile App.
If the employee does not have a smartphone, they can still punch in by using the website or via SMS Text.
For information about our privacy policy as it pertains to the collection of biometric data, click here.
What are the states that require consent?
As on 10/2024, three states have passed legislation regarding biometric consent, collection, and data storage.
The Biometric Information Privacy Act (BIPA) mandates that private companies must notify individuals in writing when they collect or store their biometric data. In February 2023, the Illinois Supreme Court ruled that claims under BIPA arise for each scan or transmission of an individual's biometric information.
The Capture or Use of Biometric Identifier (CUBI) Act prohibits the collection of an individual's biometric identifiers for commercial purposes without their consent.
The My Health My Data Act (MHMDA) is a privacy bill that complements the Health Insurance Portability and Accountability Act (HIPAA). It limits the gathering, processing, and sharing of health data for consumers in Washington. The MHMDA became effective for "regulated entities" on March 31, 2024, and later for "small businesses."
This information is not intended to serve as legal or tax advice and is provided as a courtesy; it is subject to change. We try to keep the information in this article current, and new laws may go into effect.