Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

“My, what beautiful eyes you have . . .” – Biometric Data and Privacy

By Kirk S. Davis on October 12, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint data of nearly six million individuals had been compromised in a cyber-security attack, fear came home to roost. Let’s address the journalistic questions:

Who: Who is asking for your biometric data? Everyone! You must ask whether you feel comfortable providing this data just because it’s being requested. There is no need to list the voluminous examples of data hacking because it is in every form of media.

What: What information is involved? It is your most precious identifiable information whether it be your eyes, thumbprints, faces, voices, or palm prints. As people have pointed out, it is easy to change the numbers, symbols, and letters in a password, but it is fundamentally impossible to replace your individual distinct body parts.

Besides the government, private industry has been asking for biometric information as well. Hospitals want palm scans so they may identify a patient upon every visit. Banks want thumb prints, and other industries are working with facial and vocal recognition, and retina scanning.

Where: Everyone in today’s society faces these issues. What is the proper response? Do you object? Do you hesitate? Do you even know for what the information is utilized?

When: It’s happening now. On September 28, 2015, Massachusetts General Hospital proposed to pay $2.3 million for failing to report drug diversions to the Drug Enforcement Agency (DEA). The diversion of close to 16,000 pills was primarily caused by thefts from automated dispensing machines. The hospital’s response, in addition to forming an internal drug liaison team, included requiring finger print identification for access to the automated medication dispensing machines. Will such biometric data accumulation become a standard part of employment requirements?

Why: One can question whether all future security for an individual may be suspect because the biometric data is on a database somewhere that has been hacked. Is there any assurance that that person is truly “secure” going forward? Can employers discriminate against “hacked” biometric data victims? What greater breach than your personally identified finger prints and eye scans? Apparently, only a handful of states explicitly include biometric data in their definitions of personally identifiable information and data breach notification laws. Is that enough knowing what we know?

How: How do we protect ourselves? In this ever changing hacking world security experts recommend multiple levels of security, and particularly when the personally identifiable information is at issue, and question whether, and to what extent, the personally identifiable information should be utilized knowing the vulnerabilities of all systems.

So, the next time someone states “what beautiful eyes you have . . .” think twice as to whether you want them scanned or not.

For any questions on this blog, please contact the author.

Photo of Kirk S. Davis Kirk S. Davis

An accomplished litigator, Kirk Davis represents hospitals and health systems in complex regulatory compliance issues and disputes with a focus on medical malpractice and peer review hearings. Kirk has decades of experience in the peer review process and has been involved in all…

An accomplished litigator, Kirk Davis represents hospitals and health systems in complex regulatory compliance issues and disputes with a focus on medical malpractice and peer review hearings. Kirk has decades of experience in the peer review process and has been involved in all aspects of hearings, from prosecuting physicians to defending medical staff and serving as a hearing officer. He helps hospitals comply with federal and state laws by recommending peer review best practices and procedures. In addition to his work on medical malpractice matters, Kirk handles disputes between physicians in private practices and effectively resolves contentious medical practice dissolution through alternative dispute resolution. Kirk has served as an arbitrator in various healthcare-related matters and is a sought after speaker on health law topics. He is Board Certified in Health Law by The Florida Bar and recognized by Chambers USA as a leading lawyer in healthcare.

Read more about Kirk S. DavisEmail
Show more Show less
  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Health Law Rx
  • Organization:
    Akerman LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo