Biometric

On May 18, 2023, the Federal Trade Commission (“FTC”) unanimously adopted its Policy Statement on Biometric Information and Section 5 of the Federal Trade Commission Act (“Policy Statement”), addressing the increasing use of consumers’ biometric information and the marketing of technologies that use or claim to use it—regarding which the FTC raises significant concerns. In the areas of privacy, data security, and the potential for bias and discrimination. In addition, the Policy Statement also provides a detailed discussion of the established legal requirements applicable to the use of biometrics, particularly those relating to Section 5 of the FTC Act, and lists examples of the practices the agency will scrutinize in determining whether companies’ use of biometric technologies run afoul of Section 5.
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Continue Reading FTC’s New Policy Statement on Biometric Information Provides Clear Warning to Companies on Increased Scrutiny of Facial Recognition & Related Biometrics Practices

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

NIST Not Voluntary in the Volunteer State: Tennessee Privacy Law Requires Comprehensive Written Privacy Program that Conforms to a Voluntary…

Today the Seventh Circuit issued a ruling which affirmed the dismissal of claims filed under Illinois’s Genetic Information Privacy Act.  Bridges, et al. v. Blackstone, Inc., No. 22-2486 (7th Circ. 2023).  Because this decision limits in most instances the circumstances under which claims could be brought under the statute in the context of a…

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Law360 Publishes “CFPB’s Hazy ‘Abuse’ Definition Creates Compliance Questions” Article by Keith Bradley and David Coats | Privacy World

Governor…

One of the most notable trends in Illinois Biometric Information Privacy Act (“BIPA”) class action litigation is the marked increase in the number of class actions targeting third-party biometric technology vendors, such as identity authentication systems and employee timekeeping devices. Importantly, because these vendors do not maintain any direct relationship with the end users of…

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

To Benefit from Insurance Coverage in France Businesses Must File a Complaint Within 72 Hours of a Cyberattack | Privacy…

Several months ago, you may have seen social media filled with artistic renditions of your connections as paintings, cartoons, or other artistic styles. These renditions came from Lensa, an app by which users upload “selfies” or other photos, which the app processes to generate artistic images of the user. Lensa, which is owned by Prisma…

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

SPB’s David Oberly Analyzes the Wide Scope of Third-Party Vendor BIPA Class Action Liability Exposure in Biometric Update | Privacy…

Today, the Illinois Biometric Information Privacy Act (“BIPA”) remains one of the hottest areas of class action litigation. Despite the high volume of class action filings, however, many significant aspects of Illinois’s biometrics statute remain unsettled and uncertain. One of the most notable open-ended issues pertains to the applicability of BIPA to third-party vendors and…

New Year, New Bills

As Privacy World reported, 2022 saw a plethora of class action litigation stemming from alleged non-compliance with the well-known Illinois Biometric Information Privacy Act (“BIPA”). At the same time, due to concerns about companies using biometrics in a safe and responsible manner, lawmakers from coast to coast also attempted (albeit…