Legal Question in Technology Law in Pennsylvania
My employer wants to employ biometrics
For time-tracking purposes, my employer wants to take our fingerprints to build a database. Is this legal? Would this be violating my civil rights?
2 Answers from Attorneys
Re: My employer wants to employ biometrics
You asked about your employer using biometrics.
Employer may use biometrics but can't require such if there is a discriminatory purpose or if someone has a substantial objection (e.g. my religion will not permit me to be fingerprinted.). Generally there is no defense but a reasonable employer will make accommodations for persons who are not comfortable with the practice. A concern that the company must address is how to protect this information. Such as will it be available to the police or parties in litigation? What happens when the person leaves employment?
Also, I suggest that employers and employees use a minor digit (pinky or the finger next to it) and not the index or middle finger or thumb. The best bet is to let employees choose which hand and finger to use.
Hope that helps.
Regards,
Roger
Re: My employer wants to employ biometrics
I don't know if it's legal or not but it seems to me like an extreme and unnecessary invasion of privacy. Why not just use time cards? Why build a database? If the employer want to simply program a security device for your fingerprint, then he may program the device and it is in his interest to remove your fingerprints from the security system if you leave employment. There is no conceivable legitimate reason that I can think of for an employer to include your fingerprints in any database.