Facial Recognition Technology

News & Analysis as of

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

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

Google latest defendant in biometrics case

We have been following and reporting on the Facebook and Shutterfly biometrics cases in Illinois and California. Google was recently sued by a potential class in Illinois alleging that it violated the Illinois Biometric...more

Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). ...more

Biometrics: A Fingerprint for Privacy Compliance, Part I

In just the last week, the New York State DMV announced an upgrade to facial recognition software to catch identity thieves trying to obtain fraudulent driver’s licenses, and the Scottish Professional Football League was...more

Upcoming Federal Circuit Decision Presents Opportunity for Clarification of Patentable Subject Matter

Since Alice, consistently defining the bounds of statutory subject matter in computer arts confounds even the most experienced attorneys. E-commerce software combining visual elements of multiple parties’ websites is patent...more

The First Time I Saw Your Face… I Saved it in a Database: Facial Recognition Technology for Retailers

Freckles, a button nose, or perfectly chiseled cheekbones: whatever facial features someone may have, soon their profile may be cataloged whether they are at the airport or their favorite department store. Facial recognition...more

FTC OKs Facial Recognition Consent Under COPPA Rule

This past Nov. 18, the Federal Trade Commission (FTC) approved a new verifiable parental-consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow entities to use facial-recognition...more

News of Note for the Internet-Minded – 2/12/16

Amazon adjusts its TOS to account for a zombie apocalypse; Apple and Facebook ponder different roads for VR and its devices; the BBC will scan your face to see how you feel about what you’re viewing; and more…...more

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

Tag, You’re It: Biometric Information Privacy Act Class Action Against Shutterfly Moves Past 12(b)(6)

Over the last six months, at least four putative class actions have been filed under the Biometric Information Privacy Act (“BIPA”)—an obscure Illinois statute passed about seven years ago to regulate the collection and use...more

Recognicorp v. Nintendo: Invalidating software claims under 35 U.S.C. § 101

The U.S. District Court for the Western District of Washington held, in Recognicorp, LLC v. Nintendo Co. Ltd., et al, that claims to certain methods and systems for encoding/decoding image data are not patent-eligible under...more

Shutterfly and Facebook fighting biometrics suits in Illinois

Friday was a busy day in Illinois with arguments over the Illinois Biometric Information Privacy Act. We previously reported that the first known biometric case has been given the green light to proceed. The case alleges that...more

Illinois Federal Court Allows Biometric Data Privacy Suit to Proceed

An Illinois federal district court recently denied a request by online image publisher Shutterfly, Inc. and its subsidiary, ThisLife Inc., to dismiss a putative class action lawsuit alleging that the companies’ facial...more

Photo Storage Service’s Collection of Faceprints May Violate Illinois Biometric Privacy Statute

As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage...more

FTC OKs Facial Recognition Consent under COPPA Rule

On November 18, the Federal Trade Commission approved a new verifiable parental consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow entities to use facial recognition technology to...more

Australia Border “SmartGate” Program Expands to US Citizens

USCBP announced today, December 2, that Australia has expanded its trusted traveler program “SmartGate” to U.S. Citizens with ePassports. Previously the country had limited access to SmartGates to Global Entry card holders....more

Facial recognition technology may be used as a method of verifiable parental consent

Last week, the Federal Trade Commission (FTC) determined that companies covered by the Children’s Online Privacy Protection Act (COPPA) can use facial recognition technologies to match a parent’s photo on a government-issued...more

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more

Parental consent by selfie?

As a general rule, the Children’s Online Privacy Protection Act (COPPA) requires operators of websites (including mobile apps) directed to children under the age of 13 to obtain verifiable parental consent before collecting...more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

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