News & Analysis as of

Facial Recognition Technology

Social Links: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright...

A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com. The importance of appearing at the top of Google search results, especially on mobile devices, is driving...more

Employers Take Note: Regulations on the Use of Biometric Data

by Fisher Phillips on

The use of biometric data is continuously increasing, including in the workplace. Biometric data may include facial characteristics, hand geometry, a retina/iris scan, a fingerprint or a voiceprint. Employers often collect...more

The Illinois Biometric Information Privacy Act: A Case Law Update on Standing and Facial-Recognition Technologies

by Alston & Bird on

In 2008, Illinois enacted the Biometric Information Privacy Act (BIPA), the first state statute to regulate businesses’ use of biometric identifiers and biometric information (BII). 740 Ill. Comp. Stat. Ann. 14/1, et seq....more

Facial Recognition Technology: A How-To Guide

by Bryan Cave on

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 known individuals....more

States Continue to Fill Gaps in Privacy Legislation: Illinois Biometric Law Gains Traction and Serves as Model for Other States

by Foley & Lardner LLP on

Enacted in 2008, Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 or BIPA), generally requires companies to obtain a person’s consent before collecting, capturing, or purchasing a person’s “biometric identifier” or...more

Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

The Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, according to a preliminary ruling last month in a lawsuit against Google. Rivera v. Google Inc., No. 16 C...more

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more

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

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

by Hogan Lovells on

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

Facial Recognition Gaming Software Tests Biometric Privacy Law

Does every product that takes a full face scan and saves it in accessible files violate the Illinois Biometric Information Privacy Act? Apparently not....more

Facial Scan Case Dismissed Under Illinois Biometrics Law

The developers of two NBA video games were successful this week in getting a putative class action alleging violations of the Illinois Biometrics law dismissed....more

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

Privacy Tip #68 – Protecting Biometric Information

Breaches of our personal information through hacking of data bases is becoming all too common. A third of Americans’ personal information was compromised in healthcare breaches in 2015. We have become numb to the fact that...more

Blippar App: Introducing Facial-Recognition Software for your Smartphone

Blippar, an augmented reality app, recently released its facial-recognition software which allows users to scan faces with their smartphones. The Blippar app makes it possible for people to scan faces (from print, TV or in...more

Guidelines for Facial Recognition Technology

by Bryan Cave on

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 known individuals....more

Facebook calls Illinois Biometric Law Unconstitutional

In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution. According to Facebook’s Answer in a suit filed against it in...more

The Future is Now

by Robins Kaplan LLP on

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more

Uber Announces Use of Facial Recognition Technology for Passenger Safety

In an attempt to reduce fraud and boost passenger safety, Uber is implementing facial recognition technology beginning on September 30. Before starting a driving session, Uber drivers will now be asked to take a photo of...more

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

by Butler Snow LLP on

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

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

Selfies: Changing the “Face” of Retail

by Goulston & Storrs PC on

Selfies are everywhere. From selfie sticks to photo editing applications, people are looking for new and better ways to take photos of themselves. At the same time, retailers are creatively taking advantage of our selfie...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

Trending in Social Media Law (Part 1): Biometric Privacy and Your Facebook Photos

On May 5, 2016, a federal judge denied Facebook’s attempt to dismiss a consolidated putative class action alleging that Facebook’s “Tag Suggestions” feature violates the Illinois Biometric Information Privacy Act (BIPA)....more

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Cybersecurity

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