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Biometric authentication systems are becoming increasingly common. Though their use offers important advantages to governmental agencies, business, and consumers, the widespread use of biometric technology has the potential for serious negative consequences. In this paper, the authors explore the effects on consumers of the incorporation of biometric authentication into mainstream commerce, specifically focusing on privacy concerns of consumers in the context of the fair information practice principles of notice/awareness, choice/consent, access/participation, integrity/security, and enforcement/redress.

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This article provides a review of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) as it relates to the growing problem of identity theft. The article also examines other identity theft‐related proposed legislation from the 108th Congress and analyzes the effectiveness of the proposed measures. The authors conclude that FACTA represents an important step toward reducing the incidence of identity theft as well as ameliorating the damage that it causes. However, unless and until Congress addresses the extensive use and distribution of Social Security numbers and the safeguarding of data, identity theft is likely to continue to wreak financial and social havoc.