Facial Recognition Technology

News & Analysis as of

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

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Does Facebook’s collection of photos violate privacy laws?

An Illinois man recently filed a proposed federal class action alleging that Facebook violates state law protecting the privacy of biometric data through its alleged collection of facial recognition data from over a billion...more

The FTC, COPPA, and Riyo’s “Face Match to Verified Photo Identification”

The FTC’s COPPA (the Children’s Online Privacy Protection Act) Rule requires website operators to obtain “verifiable parental consent” prior to collecting, using, or disclosing personal information from children. Though the...more

The changing faces of facial recognition

The new technology of facial recognition is starting with a smile. But as it develops, people may begin picturing it with a frown, or maybe a furrowed brow....more

FTC Considers Facial Recognition Parental Consent Method Under COPPA Rule

The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If...more

Facial Recognition and Privacy

Based upon the way modern computers are designed, there are certain tasks they are much better at performing than humans. It wouldn’t be pedantic to point the fact that’s the purpose of a computer in the first place: to do...more

Wimpy’s Investment Strategy for Foreign Real Estate Investors - Real Estate Deferral Options for Foreign Investors beyond the 1031...

Overview - I did not grow up watching much TV, or at least TV programming in English, growing up in the Panama Canal Zone. The Military’s AFRTS did not come on the air each day until around 4;30 in the afternoon. In the...more

Recognizable Faces Disappear from Facial Recognition Meetings

Facing “industry stakeholders [that] were unable to agree on any concrete cenario” in which affirmative consent should be obtained from individuals before employing facial recognition technologies, nine consumer advocacy...more

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

As Facial Regulation Technology is Poised to Enter Everyday Life, Regulators Express Concern

Recent news stories have highlighted the negative privacy implications of facial recognition technology. For example, a new app for Google Glass will pair facial recognition with data from social media and dating sites,...more

Peering Into the Future: Google Glass and the Law

What Is Google Glass? - As most Socially Aware readers know, Google Glass (“Glass”) is a form of wearable technology that gives its users hands-free access to a variety of smartphone features by attaching a highly...more

Employers Must Follow Privacy Protocols When Implementing Biometric Attendance Systems

In response to concerns about employee attendance and building security, some employers have chosen to implement biometric attendance systems in the workplace. These systems allow an employer to monitor employees’ work hours...more

FTC Issues Best Practices for Facial Recognition Technologies

The Federal Trade Commission issued a report called "Facing Facts: Best Practices for Common Uses of Facial Recognition Technology," which provides privacy and security suggestions for companies that use or plan to use facial...more

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