Privacy Law Library

Employee photographs and fingerprints furnished to third parties

Lab. Code 1051

Employees · Biometric

Makes it a misdemeanor to require employees or applicants, as a condition of employment, to be photographed or fingerprinted for the purpose of furnishing the images or prints to another employer or third party where they could be used to the worker's detriment. Often cited in biometric timekeeping cases.

Where
California
Citation
Cal. Lab. Code 1051
Status
In force
Last amended
1987-01-01
Enforced by
Local prosecutors
People can sue
No
Penalties
Misdemeanor.
Applies to
  • Any person or agent requiring employees or applicants to be photographed or fingerprinted

Practices it requires

  • Do not require employees or applicants to be photographed or fingerprinted so that the photos, fingerprints, or related information can be furnished to another employer or third party to their detriment (Section 1057 exception).Cal. Lab. Code 1051

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: last_amended date approximated to Jan. 1, 1987 from 'Stats. 1987, Ch. 77'; exact effective date not shown. | Original enactment date not determined.

Research reference, not legal advice.