California State Senator Bob Wieckowski has introduced legislation that is comparable to the Illinois Biometric Information Privacy Act. S.B. 1189 would provide for a private right of action, permitting California residents to file suit in instances where the law has been violated.
According to the bill, biometric data is defined as a person's physiological, biologic or behavioral characteristics, including the imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, voice recordings, keystroke and gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
S.B. 1189 would supplement the California Consumer Privacy Act of 2018, which gives consumers the right to withhold businesses permission to sell or share personal information. Under the bill, each violation can accrue damages of $100 to $1000 per day.
A similar Illinois law has lead to significant litigation. In one case, the Illinois Supreme Court had to determine whether an insurer had to defend a tanning salon that required fingerprints from members, a violation of the Illinois Biometric Information Act.
You can read more about some lawsuits stemming from the Illinois Biometric Information Privacy Act in the following articles.