Q.wants to install “facial recognition” software that clocks in employees by electronically matching the employee’s face to a database. Leaving aside the Big Brother creepiness, are there any legal land mines we should consider before installing this type of technology?
A. Yes. You might increase the risk of discrimination claims by maintaining images of individuals in their personnel files; it would be easier to identify an employee’s race to people who do not know the employee personally.
If you do implement this software, you should use it for all employees so no group is singled out.
Also, keep in mind that using this software affects employees’ privacy. For that reason, you should consider seeking employee consent to use the software. You should add a section to the company’s policies that stipulate how you might use and safeguard the software in the event it is collected.
Bottom line: Make sure you have a good business reason for using facial recognition software.