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The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
In the contemporary digital ecosystem, the lines between personalization and privacy often blur, specifically when involving advanced technologies such as gaze and eye tracking. As we interact with various technologies from...more
The ongoing debate surrounding the use of facial recognition technology by law enforcement has sparked concern among legal and AI experts. Several law enforcement agencies in Canada have already adopted the technology, while...more
On May 2 2024, the Dutch data protection supervisory authority (the Dutch DPA) published guidance on the processing of personal data when using facial recognition....more
Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more
Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more
The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
A proposed settlement action filed on December 19, 2023, by the Federal Trade Commission (FTC) against Rite Aid Corp. highlights some of the key issues presented when companies use artificial intelligence (AI) for facial...more
In late September, the NY State Education Department issued a two-page order providing that NY public schools may not purchase or utilize facial recognition technology. The Department relied on a report issued by the NY...more
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
Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more
Generative AI has Its Risks, but the Sky isn't Falling - “The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.” Why this is important: Generative...more
The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more
We’ve all heard troubling stories involving emerging tools powered by artificial intelligence (AI), in which algorithms yield unintended, biased, or erroneous results. Here are a few examples: - A monitoring tool for...more
On May 3, 2023, the FTC announced that it is proposing a blanket prohibition preventing Facebook from monetizing youth data. The Commission alleges that the company violated the 2020 privacy order and now proposes new...more
Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more
Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more
The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint,...more
In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology...more
Over the past few decades, technology has taken a fascinating turn. One can use a retinal scan to expedite the airport security process. Need to clock in for work? This can be done with the scan of a finger. We even have the...more
In what is considered the largest privacy-related settlement in history, Google will pay $391.5 million to 40 states to settle an investigation by 40 state attorneys general. The bipartisan coalition of attorneys general...more
California Privacy Protection Agency Releases Draft CPRA Regulations - The California Privacy Protection Agency (CPPA) just released proposed California Privacy Rights Act (CPRA) regulations. The regulations expand...more
Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more
On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more