The U.S. Department of Homeland Security (DHS) announced new policies on September 14, 2023, regarding its use and acquisition of artificial intelligence (AI) technologies, including facial recognition and face capture...more
The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners...more
Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for...more
5/10/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
PHI ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Washington
Creators in film, television, music, and gaming are increasingly turning to artificial intelligence and machine learning (AI/ML) models to deliver new content and experiences to audiences. Recent headlines have highlighted...more
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more
The Office of Science and Technology Policy (OSTP), a part of the Executive Office of the President, recently published a white paper titled “The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the...more
11/11/2022
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Data Collection ,
Data Privacy ,
Department of Energy (DOE) ,
Executive Orders ,
GAO ,
Machine Learning ,
Notice Requirements ,
OSTP ,
White Papers
After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case...more
After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more
10/18/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fingerprints ,
IL Supreme Court ,
Personally Identifiable Information ,
Summary Judgment ,
Written Consent
In recent years, apparel and retail businesses have increasingly sought to provide customers with options to interact with the brand’s merchandise and services in virtual environments...more
Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more
3/2/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Attorneys General ,
Texas
The nation’s latest biometric privacy law will go into effect in New York City this week.
What Is the Ordinance?
New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates...more
7/13/2021
/ Biometric Information ,
Compliance ,
Data Collection ,
Data Privacy ,
Exceptions ,
Local Ordinance ,
New Legislation ,
New York ,
Noncompliance ,
Penalties ,
Privacy Policy ,
State and Local Government
In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court overturned the U.S. Court of Appeals for the Ninth Circuit’s interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone...more
The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more
1/29/2021
/ Algorithms ,
Biometric Information ,
Data Collection ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Mobile Apps ,
Policy Violations ,
Regulatory Oversight ,
Risk Factors ,
Settlement
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more
1/28/2021
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
State and Local Government
Portland, Oregon’s Facial Recognition Ordinance Goes Into Effect January 1, 2021
Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition...more
In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more
2/5/2020
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Databases ,
Employer Liability Issues ,
Facial Recognition Technology ,
IBM ,
Law Enforcement ,
New Legislation ,
Putative Class Actions
Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data. On May 29, 2019, Nevada’s governor signed into law Senate Bill 220, which amends...more
Businesses that use chatbots to interact with customers online may be affected by California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), that goes into effect July 1, 2019. As the nation’s first...more
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
2/5/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Facial Recognition Technology ,
Fair Credit Reporting Act (FCRA) ,
Personal Data ,
Privacy Concerns ,
Proposed Legislation ,
State and Local Government ,
Surveillance
Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more
1/3/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Google ,
Injury-in-Fact ,
Photographs ,
Standing ,
Subject Matter Jurisdiction
Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more
In This Issue:
- TCPA Litigation And Regulatory Interpretation
- Class Certification
- Settlements
- Insurance Coverage
- Excerpt from TCPA Litigation And Regulatory...more