BILL NUMBER: S681
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting fingerprinting
or mandatory iris and retina scanning of employees
 
PURPOSE:
The purpose of this bill is to prohibit the required use of iris and/or
retina scanning of employees to retain or gain employment.
 
SUMMARY OF PROVISIONS:
Section 1. amends the labor law adding section 201-a-1 to prohibit iris
and retina scanning of employees. This section also provides conditions
to which employees will not be subject to prohibition of iris and retina
scanning.
Section 2. is the enacting clause.
 
JUSTIFICATION:
Implementing a prohibition on mandatory iris and/or retina scanning at
the workplace as a condition of maintaining or gaining employment is
essential to safeguarding privacy and data protection. Biometric tech-
nologies, while advanced and efficient, pose potential risks of unau-
thorized access and data breaches as well as unknown health impli-
cations. By restricting mandatory iris and retina scanning, we protect
employees from invasions of their personal information, fostering a
workplace culture of trust. HIPAA does not cover most private employers
and thus employees could be at risk of their personal information being
shared or obtained without their consent.
While workplace security is paramount, it is crucial to balance the
implementation of advanced technology with ethical considerations.
Prohibiting mandatory iris and retina scanning aligns with our states
commitment to prioritizing the health and safety of both employers and
employees through transparency. This measure does not prevent employers
from implementing the technology, it simply prohibits the requirement of
employees consenting to using the technology to continue or gain employ-
ment.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S681: 201-a labor law