Biometric Information

News & Analysis as of

“Face It”- Snapchat, Facebook, and Google Dealing with Suits Over Facial Recognition Technology

Snapchat, the popular “disappearing image” messaging social media corporation, was free to enjoy this past Labor Day weekend due to a voluntary dismissal of a biometric privacy class action. On August 30, 2016, the class...more

NAIC's New Cybersecurity Model Law Draft Is Still Flawed

Insurers are a prime target for hackers as a result of the vast stores of valuable data they maintain. Not all information is created equal, and it varies in value. Hacker services and software, illegal drugs, cyberweapons...more

California Considers Rules For Data Security, Geolocation ­

On Wednesday, August 24, the California state senate (the “Senate”) took action on a bill that would expand the definition of protected personal consumer data to include geolocation and biometric information while also...more

California Legislature Nearing Final Debate of Biometric and Geolocation Data Security Bill

With the session ending on August 31st, the California legislature is debating a bill (AB 83) that would expand data security requirements for businesses that maintain personal information of California residents to include,...more

Illinois Revises Data Privacy Statute

Earlier this year, Illinois enacted a number of changes to the Illinois Personal Information Protection Act (“PIPA”). The amendments to PIPA, among other things, expand the definition of personal information subject to...more

Banks embracing biometric technology

Passwords are a pain to keep track of and it is well known that consumers use the same password for multiple platforms because none of us can remember multiple complex passwords. When a hacker obtains one password, they can...more

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

NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition...more

Illinois data breach law amended and includes new twists

Governor Bruce Rauner signed several new provisions into law amending Illinois’ Personal Information Privacy Act, including health insurance and medical information into the definition of personal information that triggers...more

Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires...more

Trending in Social Media Law (Part 2): Snapping Away at Biometric Privacy

On May 23, 2016, plaintiffs and Illinois residents Jose Luis Martinez and Malcolm Neal filed a class action in California state court claiming that “Snapchat is actively collecting, storing, and using the biometrics of its...more

Cybersecurity and Data Privacy: Proposed Legislation Would Substantially Expand and Strengthen New York’s Data Breach Notification...

A bill currently pending before the New York State Assembly (A10475) would make a number of significant changes to New York’s data breach notification statute (General Business Law Section 899-aa) in the event that it is...more

Proposed amendment to Illinois biometrics privacy law introduced then stalled

On May 26, 2016, Illinois Senator Terry Link filed a proposed amendment to the Illinois Biometric Information Privacy Act that would presumably ease the rules relating to the collection and use of biometric data. What irked...more

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...more

An Addendum to the Scariest Hack So Far

Andy Johnson-Laird, President of Johnson-Laird, Inc., was kind enough to offer advice on three security techniques he recommends to detect and deny hackers, such as those we discussed in last week’s blog post....more

MoFo BioMeter, Volume 5, Issue 1

The full-year 2015 BioMeter paints the picture of a strong year for biotechnology, but deeper analysis shows a cautionary trend. The average BioMeter value for the entire year across all transactions reporting up-front...more

PCI Council Reacts Again to Data Security Threats

Responding to the increasingly significant threats to customer payment information, the Payment Card Industry Security Standards Council (‘PCI SSC’) has published an update to its data security standard (‘PCI DSS’). Version...more

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of...more

Facebook biometric class action continues in California

A federal district court in California recently rejected Facebook’s request to dismiss a class action lawsuit related to Facebook’s biometric facial recognition database. The case arises from a complaint by Illinois residents...more

Notice of proposed rulemaking, exemption for biometrics database from the grasp of the Privacy Act

Last week, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking in the Federal Register moving to exempt the FBI’s biometrics database from the notice and consent provisions of the Privacy Act of 1974...more

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

Wearables at work: Data privacy and employment law implications

Wearable devices' - such as fitness trackers, wristbands, access cards - are an increasingly popular technology. Market researchers have estimated that some 21 million wearable devices were sold in 2014 (The Economist,14...more

Biometric fingerprinting technology to expand

Using our fingerprints to unlock our smartphones is pretty commonplace at this point. Sweden’s Fingerprint Cards (FPC), a business specializing in biometrics, says that fingerprint identification will become the fastest...more

Shutterfly settles Illinois biometrics case

We previously reported that Shutterfly’s effort to dismiss the proposed biometrics class action case against it was unsuccessful. The proposed class action suit alleged that Shutterfly violated the Illinois Biometric...more

Authenticating Purchases with Facial Recognition

Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the federal government has...more

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