Written Policy on the Retention and Destruction of Biometric Identifiers and Biometric Information.

1. Purpose

Marker Learning makes this written policy publicly available in accordance with the Illinois Biometric Information Privacy Act and comparable laws in other jurisdictions. It establishes a retention schedule and guidelines for the permanent destruction of biometric identifiers and biometric information in Marker Learning’s possession.

2. What Marker Learning collects

During its research studies, Marker Learning collects and stores audio recordings that contain a participant’s voice. In some sessions Marker Learning also collects and stores video recordings that contain a participant’s image. Marker Learning treats these recordings as potentially containing biometric identifiers and applies this policy to them.

What Marker Learning does not do. Marker Learning does not create, generate, or store voiceprints, speaker embeddings, scans of face geometry, facial templates, or facial landmark data. Marker Learning does not use any recording to identify, verify, authenticate, or match any individual. Recordings are used only to develop, validate, and maintain scoring methods and automated scoring models, and to conduct and publish research.

Service providers. No service provider engaged by Marker Learning is permitted to derive a voiceprint, speaker embedding, face template, facial landmark data, or any other biometric identifier from a recording. This restriction is imposed by written contract, is confirmed in writing before any recording is transmitted to a service provider, and is verified periodically.

3. Notice and written release

Before collecting or capturing any recording, Marker Learning informs the participant, or the participant’s legally authorized representative, in writing that a biometric identifier or biometric information is being collected or stored and informs them in writing of the specific purpose and the length of term for which it is being collected, stored, and used. Marker Learning obtains a written release executed by the participant or the participant’s legally authorized representative before collection. Where the participant is a minor, the release is executed by the parent or legal guardian. This notice and release are contained in the participant consent form.

4. Retention schedule

Marker Learning permanently destroys a recording, and any biometric identifier or biometric information contained in it, at the earliest of the following:

• the date on which the initial purpose for collecting or obtaining the recording has been satisfied;
• 36 months after the session in which the recording was made; or
• three years after the individual’s last interaction with Marker Learning.

Marker Learning also destroys a recording promptly on the verified request of the participant or the participant’s parent or legal guardian, without regard to the periods above.

5. Guidelines for permanent destruction

• Recordings scheduled for destruction are identified by automated query against the triggers in Section 4 and are reviewed monthly.
• Destruction is permanent. Files are deleted from production storage and from all copies, indexes, caches, and derivative stores. Cryptographic erasure is used where deletion in place is not technically available.
• Copies held by any service provider or research partner are destroyed on the same schedule, and written certification of destruction is obtained.
• Backup media are not restored to recover a destroyed recording. Any residual copy in backup media is overwritten in the ordinary backup rotation.
• Destruction is logged. The log records the file, the participant study code, the destruction date, the method, and the individual who performed or verified it. Destruction logs are retained for 7 years.

6. No sale, lease, trade, or profit

Marker Learning does not sell, lease, trade, or otherwise profit from a participant’s biometric identifier or biometric information. Marker Learning does not accept payment, fee, or other valuable consideration from any third party in connection with access to recordings or to any biometric identifier or biometric information derived from them.

7. Disclosure

Marker Learning does not disclose, redisclose, or otherwise disseminate a biometric identifier or biometric information unless the participant, or the participant’s legally authorized representative, consents to the disclosure; the disclosure completes a financial transaction requested or authorized by the participant or the representative; the disclosure is required by state or federal law or municipal ordinance; or the disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

Where a participant or representative has given the separate optional permission described in the consent form, original recordings may be shared with a partner research institution under a written data use agreement that prohibits re-identification, prohibits further disclosure, prohibits the derivation of any biometric identifier, and requires destruction on completion of the approved research.

8. Safeguards

Marker Learning stores, transmits, and protects from disclosure all biometric identifiers and biometric information using a reasonable standard of care within its industry, and in a manner that is the same as or more protective than the way it stores, transmits, and protects other confidential and sensitive information. Safeguards include encryption in transit and at rest, role-based access controls limiting access to personnel with a documented need, access logging, and periodic security testing.

9. Review

This policy is reviewed at least annually and following any material change to the study design or applicable law. Questions may be directed to Marker Learning at hello@markerlearning.com.