Facial recognition technology is transforming how businesses manage access, verify identities, and personalize services. From gyms and coworking spaces to private clubs and sports facilities, face-based check-in systems offer a seamless, secure, and futuristic alternative to keycards, QR codes, or manual logs.
But with great power comes great responsibility—especially when it involves biometric data.
If you’re planning to implement facial recognition for member or guest check-ins, it’s critical to understand the legal, ethical, and operational implications of using this powerful technology. In this post, we’ll unpack what every operator, owner, and technology provider should consider before deploying facial recognition at the front door.
Why Use Facial Recognition?
Before we dive into the legalities, let’s quickly recap why businesses are adopting facial recognition for check-ins:
- Frictionless access: Members can walk in without pulling out a card or app.
- Improved security: Verifies identity more reliably than sharable barcodes or PINs.
- Operational efficiency: Reduces check-in lines and front desk staff workload.
- Personalization: Enables tailored service at gyms, lounges, and retail spaces.
- Audit trails: Provides a precise, timestamped log of who entered and when.
Yet despite these benefits, biometric data is considered sensitive personal data in most jurisdictions—and how you handle it matters more than ever.
Legal Considerations: What Laws Apply?
The use of facial recognition touches on several areas of law: data privacy, biometric regulations, consumer protection, and employee rights. The legal landscape is evolving rapidly, and what’s allowed in one state or country may be strictly regulated—or even prohibited—in another.
United States (State-Level)
There is no comprehensive federal law in the U.S. that governs biometric data, but several states have enacted their own:
Illinois Biometric Information Privacy Act (BIPA)
- Requires informed, written consent before collecting biometric data.
- Entities must disclose:
- What data is being collected
- How it will be used
- How long it will be stored
- Allows private right of action, meaning individuals can sue for violations.
- One of the strictest and most litigated biometric laws in the U.S.
Texas & Washington
- Require consent before collecting or using biometric identifiers.
- Limit disclosure to third parties.
- Do not include a private right of action (enforced by the state).
Other states (NY, CA, VA, etc.)
- California’s CPRA (formerly CCPA) classifies biometric data as sensitive personal information.
- Consent may be implied in some contexts, but disclosure and data protection are required.
- More states are introducing biometric-specific bills each year.
International
GDPR (Europe)
- Facial data is considered a “special category” of personal data.
- Requires a legal basis (e.g., explicit consent or legitimate interest).
- Organizations must conduct a Data Protection Impact Assessment (DPIA) before deployment.
- Very high penalties for non-compliance.
PIPEDA (Canada)
- Organizations must obtain meaningful consent for collection and use of biometric data.
- Purpose must be reasonable and disclosed clearly.
Policy & Consent: Best Practices to Stay Compliant
Even if your location doesn’t mandate biometric regulations yet, it’s wise to act as if they do. Adopting strong privacy practices will help future-proof your business and earn trust from users.
1. Obtain Informed, Written Consent
Always explain:
- What data you’re collecting (e.g., facial images, facial feature vectors)
- Why you’re collecting it (e.g., access control, personalized service)
- How long it will be stored
- Who it may be shared with (if anyone)
Consent should be:
- Voluntary: No coercion or penalty for declining
- Specific: Not buried in broad terms
- Revocable: Users should be able to opt out at any time
Tip: Use a simple tablet interface or digital waiver form during first-time registration.
2. Post Clear Notices
Your space should have signs near entrances stating that facial recognition is in use. This fulfills transparency obligations and avoids surprises.
Example:
“This facility uses facial recognition for member check-in and access. Your facial data will not be shared and is stored securely in compliance with applicable laws.”
3. Minimize Data Retention
Don’t keep biometric data longer than necessary. Implement retention policies such as:
- Delete data immediately after check-in if real-time processing is used
- Retain for 30–90 days max if used for logging or personalization
- Automatically delete data for inactive members
Also: anonymize or pseudonymize facial data when possible.
4. Encrypt and Secure All Biometric Data
Biometric data must be protected like a crown jewel. Use:
- Strong encryption (AES-256 or better)
- Isolated storage, separate from general user profiles
- Role-based access control (limit who can access raw data)
- No storage of actual images if not necessary—just templates or hashes
If using cloud services (like AWS Rekognition), make sure vendors comply with privacy standards and you have a data processing agreement (DPA) in place.
5. Allow Opt-Outs and Alternatives
You should never make facial recognition mandatory unless absolutely necessary (e.g., high-security areas). Provide alternatives:
- Manual sign-in
- Keycard access
- Mobile app check-in
This protects user autonomy and helps avoid discrimination claims.
Employees vs. Members: Different Rules May Apply
Facial recognition used for employees or staff (e.g., clock-ins or access control) is even more sensitive under labor laws.
- In some states and countries, employees cannot be required to submit biometric data as a condition of employment.
- Consider collective bargaining agreements or union involvement if applicable.
- Employee data must be handled separately from customer/member data, with its own policies and consents.
Conduct a Privacy Impact Assessment (PIA or DPIA)
Before you deploy facial recognition, assess the risks.
Include:
- Why you’re using facial recognition instead of alternatives
- What data is being collected and stored
- Potential harm to users in case of a breach
- Mitigation steps (encryption, deletion timelines, opt-outs)
This is a legal requirement under GDPR and a smart precaution everywhere else.
Terms of Use and Privacy Policy Updates
If your business has a public-facing app, website, or membership system, your terms of service and privacy policy must reflect:
- That you use facial recognition
- Why and how it works
- How users can contact you to request deletion or opt-out
- Data processing and storage practices
Pro tip: Link to this information in onboarding emails and QR codes near your check-in kiosk.
Ethical Considerations Beyond Compliance
Following the law is the minimum. Great businesses go further by building ethical biometric practices:
- Avoid collecting data unnecessarily (e.g., no surveillance outside of access zones)
- Don’t share or sell biometric data under any circumstances
- Regularly audit and review your use of facial recognition
- Get community feedback—especially from marginalized or privacy-sensitive users
Facial recognition has faced public backlash in some cities. Transparency and responsible implementation are key to avoiding controversy.
Where It Can Go Wrong: Real Risks and Lawsuits
The cost of mismanaging biometric data is real:
- BIPA lawsuits have resulted in multi-million-dollar settlements (e.g., Clearview AI, Facebook)
- Reputational damage from public exposure or misuse
- Member churn due to discomfort or lack of transparency
Even well-meaning businesses can end up in hot water if they skip the basics.
Conclusion: Build Trust Into the System
Facial recognition offers exciting opportunities for modern access control and member experience—but it must be implemented with care.
Here’s your checklist to stay on the right side of the law:
✅ Get clear, written consent
✅ Post visible notices
✅ Encrypt and isolate all biometric data
✅ Give users the option to opt out
✅ Don’t over-collect or overshare
✅ Periodically review and improve your policy
✅ Use reputable vendors and secure infrastructure
The future is face-forward—but only if we treat it with the privacy, dignity, and respect it deserves.
Need Help Implementing It?
If you’re deploying facial recognition at your gym, coworking space, or private club, we can help you:
- Customize your privacy policies
- Draft consent language
- Ensure compliance with BIPA, GDPR, CPRA, and more
- Set up a secure, user-friendly check-in system
📧 Email: contact@facelyapp.com
🌐 Visit: www.facelyapp.com
Takes the guesswork out of check-ins, so your day starts with a smile.
