Does Nevada need laws on the use of biometric data in casinos?

The June 2020 issue of Nevada Lawyer includes an article entitled: Doubling Down or Folding on Privacy Concerns: How New Technology in Casinos May Require Policy Changes. Written by Sandra Douglass Morgan, a lawyer and chairwoman of the Nevada Gaming Control Board, and Steve Yeager, also a lawyer and state assemblyman, the article offers some insight to some aspects of privacy in Nevada’s casinos and why the next legislative session may need to address this topic.

You can read the article for specifics, but it gets into what kind of biometric data that casinos may be collecting on its customers, including an example of using AI to identify what kind of clothes a person is wearing to track them throughout a property if they are deemed suspicious characters worth watching. While anyone who knows anything about Vegas knows the casinos are full of eyes-in-the-sky cameras watching our every move, few of us probably give it a whole lot of thought when we head out for a night on the town. More importantly, the article identifies the issue of whether customers are getting proper notice about the incursions into what limited privacy rights they might have when entering a private casino. While the article discusses how some states have addressed the sale of biometric data with legislative action, it does not clearly suggest what the Nevada Legislature should do, if anything, with regard to this topic. However, given that these two particular authors broached the topic, you should expect to see more on this toward the end of year as Nevada prepares for the 2021 legislative session.