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23 Stan. Tech. L. Rev. 252 (2020)
A Healthy Mistrust: Curbing Biometric Data Misuse in the Workplace

handle is hein.journals/stantlr23 and id is 252 raw text is: A Healthy Mistrust: Curbing Biometric Data Misuse in the Workplace Elizabeth A. Brown* 23 STAN. TECH. L. REV. 252 (2020) ABSTRACT This article addresses the best ways to mitigate the various privacy and dis- crimination risks inherent in the use of biometric monitoring in the workplace. While the federal and state regulation of monitoring workers is in its infancy, biometric monitoring itself is expanding rapidly. Innovations in wearables, ris- ing health care costs, personalized medicine and the use of health data clearing- houses are among the factors fueling this expansion. This article analyzes the harms of misusing biometric and health data in the workplace as well as the lim- itations of current regulatory schemes, and offers three possible ways to curb those harms, varying in degrees of interventionism. * Associate Professor, Department of Law, Taxation and Financial Planning, Bent- ley University; A.B. Harvard University, J.D., Harvard Law School. I thank the Bent- ley University Health Thought Leadership Network for their research support, Leora Eisenstadt for her invaluable insights and helpful feedback during the development of this article and Amanda Pine for her editorial contributions.

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