Keeping Fingerprints and Photographs Private

You can maintain photographs and fingerprints of employees and applicants, but only for your use. Generally, you cannot require applicants or employees to provide fingerprints or photographs as a condition of employment if they will be provided to a third party and used to the applicant’s or employee’s detriment.¹ Providing the photographs or fingerprints to a third party is a misdemeanor. Requiring candidates to submit photographs with employment applications may also be deemed an inappropriate screening of applicants who belong to a protected class.

However, some employers, such as certain financial institutions and the child caremust