Biometrics, Ownership and Privacy?
symbolic asks: "I just finished watching a small segment of World Business Review on PBS, where the topic of discussion the use of biometrics by employers to not only provide confirmation of identity, but as something to drive other parts of the operation - like tracking employee time. Briefly mentioned were face and iris scans, but as I was watching a picture of someone's iris, I realized that once an employer has captured a scan of your iris (or any biometric data), who has control over it? Does it become part of the cesspool of information trading that occurs between business and government entities? Will trading of someone's biometric information become as ubiquitous as their address or phone number. Is there any reason we should be concerned about this? I'd like to hear what others think about this." Ask Slashdot has previously approached the Biometrics topic for technical
issues, but the privacy issue of such data has yet to be addressed. How do you feel about biometric data (or any data derived from your physical makeup, like your genome) being used as another commodity (like your address) in the corporate data exchange?
Myself, I wouldn't like it. But the company should like it even less. Think about something here: what's your company's policy on employees giving out the keys to restricted areas? It's probably a termination offense. Now, suppose the company uses biometric data to control access to restricted areas. Isn't giving out that data exactly giving out the keys to those restricted areas?
And if that biometric data is also required by law to be used for things like controlling access to bank accounts, where there's legal penalties for third parties who mishandle the access-control information, the company could face some nasty legal LARTs from employees if the company gives out access-control information for their bank accounts, Social Security accounts, driver's license records and such.
This should give the company legal people migraines for a while. :)
I for one feel safer knowing that all the people working at my bank have at least been through a fingerprint check with the FBI. And if a vault is broken into, and they find someones fingerprints, they have a bunch to check.
Now, I certainly hope they don't start selling the information for profit. That seems like it'd be a little harder to do with employee information. However, maybe a customer of a big store? Maybe a window shopper? It certainly has potential to be exploited in other areas.
-- these are only opinions and they might not be mine.
Same principles apply as if someone snapped a photo of you. Does the photographer or the model own the rights to the created image? The photograph is owned by the artist. The image of the model belongs to the model, and the photographer must get permission to publish. Permission is usually, "I wave all rights in regards to my image in this photo for the some quantity of cash." Once such permisssion is granted, the photographer is free to do as they like with the photo.
A steaming cup of soykaf would be real wiz right now.
Disclaimer: IANAL, but I do take the trouble to read all the fine print.
NDA means "Non-Disclosure Agreement". These are common when corporations do business with each other, but rarely used by individuals. So far. We should change that.
What you can put in it is an agreement where the corporation agrees that all your personal information - name, address, biometric info, the details of the business you choose to do with the corporation, the name of your dog, etc. - explicitly remains your property. You can also say that the corporation has no right to sell, trade or otherwise disclose this information to any third party without your prior written consent except where such disclosure is required by law.
So what happens if the corporation breaches this agreement? Here's where your lawyer can get really nasty. You can set penalties in the agreement. You can set the minimum amount of money they must pay you as damages - $10,000 to $25,000 is a good figure - and stipulate that if actual damages are higher they must pay the higher figure. You can require the corporation to undo the damage at their expense, with more penalties if they don't comply within a certain fixed time. You know how hard it is to get off a list once you're on it? Make it THEIR problem - they do the damage, they fix it.
Muhahaha.
To save on legal bills, get your lawyer to draft a single standard agreement that you can use everywhere - your employer, the bank, anywhere you do business. Take back control of your personal information.
Of course, there's no guarantee that this will work - corporations think they have the right to sell your personal information for whatever they can get for it - but there's no harm trying. You might even make some money off it.
The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke