Are there any California laws or regulations that would prohibit using a biometric timekeeping system that uses a thumb print?

The use of biometrics definitely raises issues regarding employee rights and privacy.

The science of biometrics makes it possible to identify a person, not only by fingerprints but also by full hand identification, iris, voice, and face identification.

With the development of time clocks that take these measurements, employers can more closely monitor and secure their property and to obtain accurate time records. This method also reduces the submission of false time records. 

California is one of seven states that provide a constitutional right to privacy.

Labor Code Section 1051 requires that fingerprints may be kept only for the employer’s own use and will not be provided to a third party.

California also has a privacy law, the California Privacy Rights Act (CPRA), also referred to as the Consumer Privacy Act (CCPA), that requires covered businesses to comply with a series of obligations related to the rights that California consumers, including employees and job applicants, have over their “personal information.” For example, the law requires covered businesses to:

• Provide disclosure notices when collecting personal information;
• Comply with consumer requests regarding personal information (subject to some exceptions);
• Implement reasonable security measures with respect to personal information collected; and
• Not discriminate or retaliate against anyone exercising their rights under the law.

The statute’s definition of “personal information” likely covers biometric data collected from employees and, as such, the data would be subject to CPRA provisions. You can read more about the CPRA in the HR library.

Weigh the benefits of a biometric system against the necessity to develop privacy policies. Further, employees may be reluctant to be measured and identified. Religious discrimination was an issue in at least one case where an employee objected to hand identification.

Before implementing a new system, develop a clear policy, communicate with employees, explain the system, and give them an avenue to submit questions and to opt out on religious or other grounds.

Consult with legal counsel to ensure compliance and to remain up to date on any changes in the laws.

You can find more information in the Keeping Fingerprints and Photographs Private section of the HR Library.