Employers in Texas should be aware of the Capture or Use of Biometric Identifier Act (CUBI), which applies to commercial uses of biometrics. But because “commercial purpose” is not defined in the legislation, attorneys have recommended that businesses treat all company operations as potentially included in CUBI requirements, including notice and consent stipulations; data retention and destruction rules; prohibitions on selling, leasing, or disclosing biometric data; and minimum standards for data security. Each violation of the act could result in penalties of up to $25,000.
