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Enforcement Actions Biometric Information

Ballard Spahr LLP

Historic $1.4 Billion Data Privacy Settlement between Meta and Texas

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The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user...more

BCLP

Worldcoin Directed by HK Data Privacy Regulator to Cease Operations

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On 22 May 2024, the Office of the Privacy Commissioner for Personal Data (“PCPD”) published its “Investigation Findings” regarding the operation of the Worldcoin Project in Hong Kong, pursuant to section 48(2) of the Personal...more

Bilzin Sumberg

FTC Fines Avast Limited for Collection and Sale of Consumer Browsing Data

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​​​​​​​Avast Limited, a United Kingdom-based company that marketed its browser extensions and antivirus software to protect consumer privacy did just the opposite—storing consumer browsing data indefinitely and selling it...more

WilmerHale

FTC Calls Out Genetic Data as an Enforcement Priority

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The Federal Trade Commission (FTC) recently published a post on their Business Guidance Blog discussing lessons learned from three enforcement actions against sellers of genetic testing products. These guidelines address...more

Dechert LLP

Dechert Cyber Bits - Key Developments in Privacy & Cybersecurity - Issue 47

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FTC Settles with Rite Aid on its Use of AI and Processing of Biometric Information - The Federal Trade Commission (“FTC”), on December 19, 2023, announced that it had reached a settlement with Rite Aid Corporation (“Rite...more

WilmerHale

FTC Announces Groundbreaking Action Against Rite Aid for Unfair Use of AI

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On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against  the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more

WilmerHale

FTC Publishes Proposed Amendments to COPPA Rule

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On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more

Perkins Coie

FTC Signals Tough Line in First AI Discrimination Case Under Section 5

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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

Baker Donelson

FTC Rite Aid Settlement Offers Key Lessons for Mitigating Risk When Deploying Biometrics or AI Tools

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On December 19, 2023, the Federal Trade Commission (FTC or Commission) announced its settlement of an enforcement action against retail pharmacy chain Rite Aid over alleged violations of Section 5 of the FTC Act (Section 5)...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Higher Education Compliance Conference - October 25th, 8:00 am - 5:00 pm CT

Get compliance strategies and insights for the higher education space - Whether you missed this year’s in-person Higher Education Compliance Conference or are looking for additional insights from your higher ed colleagues...more

Holland & Knight LLP

The FTC Is Regulating AI: A Comprehensive Analysis

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Artificial Intelligence (AI) is rewriting norms and changing the way we interact with the world. It is likely AI will have an outsized impact on every facet of life; this could be the start of the next technological...more

Jenner & Block

Client Alert: FTC Signals Greater Scrutiny of Biometric Information and Technologies in New Policy Statement

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On May 18, 2023, the Federal Trade Commission (FTC) adopted a Policy Statement on biometric information that details its “significant concerns” arising from the increasing use of biometric information and technologies that...more

Benesch

FTC Implements Broad Definition of Biometric Information; Increases Focus on Data Protection Impact Assessments

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While States like Illinois, Texas, and Washington focused on opt-in consent; the FTC is focused on clear and conspicuous disclosures and accounting and planning for foreseeable harms related to the collection of biometric...more

BCLP

FTC Policy Statement to Biometric Information and Technology

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The Federal Trade Commission (“FTC”) has issued a policy statement addressing biometric technologies in a signal of enforcement actions to come: It states: “In light of the evolving technologies and risks to consumers, the...more

Wiley Rein LLP

FTC Issues Policy Statement on Biometric Information, Signaling a New Enforcement Priority

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At the Federal Trade Commission’s (FTC or Commission) May 2023 Open Commission Meeting, the FTC voted unanimously to approve a Policy Statement on Biometric Information and Section 5 of the FTC Act (the Policy Statement). The...more

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court says BIPA claims accrue with every transmission

On February 17, the Illinois Supreme Court issued a split decision holding that under the state’s Biometric Information Privacy Act (BIPA), claims accrue “with every scan or transmission of biometric identifiers or biometric...more

Holland & Knight LLP

Texas Enforcement of Biometric Law Focuses on Artificial Intelligence

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While many organizations are focusing their attention on compliance with the state consumer privacy laws becoming effective in 2023, they should keep in mind that the Texas Attorney General has now filed two cases in 2022...more

Robinson+Cole Data Privacy + Security Insider

Texas Sues Google for Gathering Biometric Data

Texas Attorney General Ken Paxton filed a lawsuit against Google for alleged “blatant defiance” of Texas’s biometric privacy law, which prohibits capturing biometric identifiers without prior consumer consent. The complaint...more

WilmerHale

EDPB Adopts Guidelines on Calculation of GDPR Fines and on Facial Recognition Technology in Law Enforcement

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On May 16, 2022, the European Data Protection Board (EDPB), the independent body of data protection supervisors that promotes consistent data protection rules and application thereof throughout the European Union (EU),...more

King & Spalding

All Eyes on Texas After Filing First Enforcement Action Under State's Biometric Privacy Law

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The Attorney General for the State of Texas recently filed suit against Meta (formerly Facebook) alleging that the company violated the Texas Capture and Use of Biometric Identifier Act (“CUBI”) and the Texas Deceptive Trade...more

Alston & Bird

Italian Supervisory Authority Imposes 20 Million EUR Fine on Controller Outside of Europe

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The Italian Garante per la Protezione dei dati Personali (‘Italian SA’) published a decision of February 10, 2022 in which it imposes a 20 million EUR fine on a company outside of Europe for violation of the EU General Data...more

Perkins Coie

Rip Van Wrinkle: The Grandfather of Biometric Laws Awakens

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Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more

Goodwin

Biometric And Facial Recognition Technology In The U.S.: What’s In Store For 2021?

Goodwin on

Regulation of the collection and use of biometric data is on the rise, a trend which is likely to continue through 2021 and beyond. Currently, three states have laws that regulate what private businesses can do with biometric...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

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Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Perkins Coie

Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology

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The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more

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