William W. Bowser, Editor; Scott A. Holt and Adria B. Martinelli, Associate Editor
Young, Conaway, Stargatt & Taylor

Vol. 13, No. 6
June 2008

ELECTRONIC WORKPLACE

Keeping an eye (or a retina) on biometrics in the workplace

Margaret DiBianca

The use of technology in the workplace is increasing at a lightning-fast pace. In fact, many of you struggle to keep abreast of the newest advances in your industries. And employees face similar challenges as they try to navigate unfamiliar software and implement the latest gadgets into their workflow.

This flood of technology has affected every facet of the workplace, and security is no exception. More and more employers now use biometrics as a way to track employee attendance, allow access to secure areas, and even monitor employees in their travels. But privacy advocates don't necessarily see these new tools as advances in technology as much as an invasion of privacy.

Biowhatrics?

"Biometrics" is the science and technology of measuring and analyzing biological data. Biometrics measure and analyze human body characteristics, known as "biometric identifiers" (BI), for authentication and security purposes. Common BIs include fingerprints, retinas and irises, voice patterns, facial patterns, and hand measurements. Each BI can relay an encrypted picture of some feature of a person's biological makeup.

Although you may not know it, you've probably seen biometrics in use numerous times. Catch any modern spy movie, and there's sure to be a scene in which the main character accesses the inevitable "restricted area" using the fingerprint of a dead man via a "borrowed" digit. Or a scene where the triple-secret vault can be opened only with a retina scan of the corporation's "Very Important President." You get the idea.

One example of biometrics is the fingerprint recognition program that's commonly installed on laptop computers. On the most basic level, biometrics includes simple ID badges with an employee's mug-shot-style photograph. Even signatures can be classified as biometrics. Currently, employers' favorite types of biometrics include facial recognition and fingertip scans (an image of the fingertip instead of the fingerprint).

Biometrics have work security down to a science

In the employment context, BIs are used as an authentication tool. Employees are asked to provide, for example, their fingerprints, which the employer maintains in a database. Later, when the employee wants to access a secure area, he must again provide his fingerprint, which is then compared to the authenticated version in the database.

Used that way, BI offer a nearly infallible security system. Unlike traditional security measures like passwords or security badges, biometrics cannot be shared, lost, forgotten, stolen, or recreated. But there are some security risks for the user. Well, lots of risks, actually.

Unauthorized access to highly sensitive personal information raises very legitimate privacy concerns. Most worrisome is the threat of identity theft ― a problem that already has employers on high alert for potential liability. And without any regulatory system in place, what about the potential privacy implications? Surely employees will want to know what other information can be obtained should the wrong person gain access to the database.

From the silver screen to the Golden Arches

Like it or not, biometrics aren't just for the movies anymore. Timekeeping and attendance systems that use biometrics have already been implemented in major corporations, including McDonalds, as well as by city and municipal employers. Biometrical timekeeping is nearly guaranteed to eliminate employees' use of the "buddy system" when punching in and out.

Biometric devices are also being used as security tracking systems. Biometrical systems have already been implemented at some Marine Corps bases. And biometric security isn't limited to controlling who can access the property; it also enables users to track employees once they're granted entrance.

As you might imagine, there's a chorus of voices being raised in opposition to the use of biometrics in the workplace. The American Civil Liberties Union has been one of the loudest dissenters. Several labor unions also oppose the use of biometrical technology. Privacy and employee-rights advocates are equally unenthusiastic. But advocates of biometrics (and the companies that make and sell biometrics-based systems) point to increased accountability and reduced employee fraud as the starting point for major cost savings and productivity.

Bottom line

Given the continued upswing in their use, you should keep an eye (or, in this case, a retina) on the trend toward biometrics in the workplace as well as the privacy implications that are sure to follow.

Copyright 2008 M. Lee Smith Publishers LLC

DELAWARE EMPLOYMENT LAW LETTER does not attempt to offer solutions to individual problems but rather to provide information about current developments in Delaware employment law. Questions about individual problems should be addressed to the employment law attorney of your choice.