News & Analysis as of

Data Collection Biometric Information Privacy Concerns

BakerHostetler

It’s Time to Face the Music: FTC Says ‘No’ to Facial Recognition-Based Consent Under COPPA

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The Federal Trade Commission (FTC or Commission) announced on March 29that it was denying the application for a new mechanism for obtaining verifiable Parental Consent under the Children’s Online Privacy Protection Act...more

Hogan Lovells

AI governance and biometric privacy takeaways from the FTC’S Rite Aid settlement

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The Federal Trade Commission (“FTC”) has banned Rite Aid from using facial recognition technologies for surveillance for five years, demonstrating the FTC’s expectations regarding deployments of biometric and artificial...more

Seyfarth Shaw LLP

GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

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Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought...more

Goodwin

Protecting Data in the Metaverse: Do Avatars Dream of Privacy?

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The metaverse will bring many benefits, but it is also likely to multiply and compound privacy issues, particularly given its global nature. With the advent of the commercial internet in the 1990s, organizations were...more

Robinson+Cole Data Privacy + Security Insider

MoviePass Will Track Users’ Eye Movements to Ensure Ad Views

MoviePass, a service formerly known for offering moviegoers unlimited movie tickets for ten dollars a month, is returning from bankruptcy with a new business model: trading ad views for “credits” used to redeem tickets....more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #318 – IRS Abandons Use of Facial Recognition for New Accounts

The Internal Revenue Service previously announced in November 2021, that it would use facial recognition technology offered by ID.me to authenticate taxpayers before using any online services the IRS provides, including...more

Orrick, Herrington & Sutcliffe LLP

Face-off on Use of Biometric Technology in the UK

In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South...more

King & Spalding

Seventh Circuit Reverses District Court and Holds That Employee Has Standing to Assert Biometric Consent Claims Under Illinois’s...

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On May 5, the Seventh Circuit held that an employer’s collection of employee biometric data without first making certain disclosures and obtaining written informed consent, as required by the Illinois Biometric Information...more

Epiq

New Facial Recognition Technology Further Blurs the Line Between Privacy and Innovation

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It’s been a long time since facial recognition technology was considered mere science fiction.  Today, facial recognition technology has risen in popularity, making it commonplace and easily accessible. Apple’s Face ID was...more

Kramer Levin Naftalis & Frankel LLP

Facial Recognition Technology: A Primer for Practitioners

Facial recognition is a rapidly evolving area of technology with myriad potential commercial uses. Reflecting the rapid growth in this area, regulations related to facial recognition are changing across all levels of...more

Whitman Legal Solutions, LLC

Video Surveillance and Facial Recognition

Facial Recognition Technology - For those who are neither a wizard nor a violinist, one of the most unique things they lay claim to is their face.  Faces are so unique that technology can use a person’s face to in lieu of...more

Bradley Arant Boult Cummings LLP

First Federal Legislation Proposed Relating to Protection of Biometrics

Amidst privacy concerns and booming technological innovation, Sens. Roy Blunt (R-Mo.) and Brian Schatz (D-Hawaii) have introduced a bill proposed as the “Commercial Facial Recognition Privacy Act of 2019” (CFRPA) targeting...more

Bradley Arant Boult Cummings LLP

Technology at a Price: Risks With Using Biometric Scanning in the Workplace - Labor & Employment Newsletter

Parents who took their children to Disney World in recent years may have been surprised when Disney “cast members” asked the young princes and princesses to place a finger on a scanner before entering the parks. Biometric...more

Perkins Coie

Proposed Washington Privacy Act Tracks GDPR and CCPA Protections and Emphasizes Facial Recognition

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Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,...more

Orrick, Herrington & Sutcliffe LLP

Rivera v. Google Bolsters Article III Challenges to Privacy Suits – But Risks Remain

Rivera v. Google, a recent federal court decision from the Northern District of Illinois, highlights how challenges to Article III standing are a versatile and useful tool for corporate defendants in privacy and cybersecurity...more

BCLP

Facial Recognition Technology

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Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of the algorithmic output of...more

Bass, Berry & Sims PLC

Privacy Perils: Driverless Cars Are the Future, But Are There Privacy Potholes Ahead?

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Driverless cars are no longer a far-off pipe dream. Look for Hyundai and Toyota to showcase their driverless models at the upcoming 2018 and 2020 Olympics (in South Korea and Japan, respectively). Many predict that within 10...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2017 #3

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Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

Seyfarth Shaw LLP

New Class Action Litigation Risks – What Businesses Need To Know

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Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.”...more

Holland & Knight LLP

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

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An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No....more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Robins Kaplan LLP

When Privacy Collides with Emerging Technologies

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1997’s “Gattaca” has something of a cult following. The story is set in a futuristic society in which genetics determines destiny. The protagonist, of course, overcomes all obstacles through sheer will power, and by...more

Robinson+Cole Data Privacy + Security Insider

Facial Recognition Guidelines issued by NTIA and approved by IBIA

On June 15, 2016, the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued its facial recognition best practices, which were developed by a multi-stakeholder group convened by...more

Robinson+Cole Data Privacy + Security Insider

Shutterfly biometrics case proceeds in Illinois

In what is being described as the first case in the U.S. regarding a state biometric privacy statute, a proposed class was successful in thwarting a motion to dismiss by Shutterfly last week over its alleged practice of...more

Akerman LLP - Health Law Rx

“My, what beautiful eyes you have . . .” – Biometric Data and Privacy

Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint...more

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