News & Analysis as of

Facial Recognition Technology

Fox Rothschild LLP

10 Million EUR Fine Demonstrates Scope of Effort Needed for DPIAs

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Spanish data protection authority, AEPD, imposes 10 Million EUR fine on a company, AENA for deploying a facial recognition system without an adequate DPIA. What does this mean for companies subject to US laws? The decision...more

Orrick, Herrington & Sutcliffe LLP

Facial Recognition Technology Use in Stadiums: Key Takeaways

The use of facial recognition technology in stadiums is becoming increasingly popular and has the potential to improve the visitor experience. Venues can use the technology to shorten queues at entrances and concession...more

Constangy, Brooks, Smith & Prophete, LLP

Moving ahead: Details of the court-approved Clearview settlement

A federal judge in the Northern District of Illinois approved a settlement in the multidistrict litigation against Clearview AI. The litigation started shortly after a New York Times article in early 2020 highlighted the...more

Carlton Fields

Illinois Federal Court Holds Facial Recognition Data Falls Within Scope of “Confidential or Personal Information” in “Access or...

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In Phoenix Insurance Co. v. Ackercamps.com LLC, the U.S. District court for the Southern District of Illinois held that an “access or disclosure of confidential or personal information” exclusion in a commercial general...more

DLA Piper

ICO v Clearview – a Test of the ICO’s Reach?

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The Upper Tribunal (UT) has handed down its judgment in the UK Information Commissioner’s (Information Commissioner) appeal against the First-tier Tribunal (FTT) decision on Clearview AI Inc (Clearview). The UT upheld three...more

Ropes & Gray LLP

What The Latest Clearview AI Judgment Tells Us About Behavioural Monitoring and Big Data Under the GDPR

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Despite the fears of foreign organisations about the long-arm jurisdiction of European data protection laws, the extra-territorial application of the GDPR — and, subsequently the UK GDPR — has received relatively scant...more

American Conference Institute (ACI)

[Webinar] Top 5 Advancement on AI Tools for Law Enforcement - October 22nd, 1:00 pm - 2:00 pm ET

Join this complimentary one-hour webinar to discuss how Artificial Intelligence is now being used by police departments, including early adoption and pilot projects. Discuss where efficiencies are being found both in...more

Spilman Thomas & Battle, PLLC

Technology Law Insights, V 6, Issue 9, 2025

Welcome to our ninth issue of 2025 of Decoded - our technology law insights e-newsletter...more

Clark Hill PLC

EU Entry and Exit System launches Oct. 12

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At this time, there is a strong focus on immigration enforcement and compliance from companies with a presence in the United States. However, as a reminder, immigration enforcement and compliance are on the rise globally and...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 6, Issue 9, 2025

Anthropic’s $1.5 Billion Settlement Could Set Precedent for Other AI Copyright Suits - “The proposed settlement is a result of a class action lawsuit, Bartz v. Anthropic, from last year, in which authors filed a complaint...more

DLA Piper

Australia: Facial Recognition Technology Continues to Breach Australian Privacy Act

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Three years after its investigation commenced, the Office of the Australian Information Commissioner (OAIC) has found that retail giant Kmart Australia Limited (Kmart) breached the Privacy Act 1988 (Cth) (Privacy Act) through...more

Baker Botts L.L.P.

ICO’s New AI & Biometrics Strategy: Enforcement Focus and Key Impacts for Organizations

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The UK Information Commissioner’s Office (ICO) recently released “Preventing harm, promoting trust: our AI and biometrics strategy.” This strategy outlines how the ICO plans to support responsible AI adoption while ramping up...more

EDRM - Electronic Discovery Reference Model

Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence

“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld...more

Barnea Jaffa Lande & Co.

US Senate Rejects AI Enforcement Moratorium

Earlier this month, the US Senate voted 99-1 to strike a key clause in a sweeping Republican domestic policy bill that sought to impose a ten-year moratorium on states’ enforcement of artificial intelligence regulations. Had...more

Kilpatrick

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

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A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...more

Fox Rothschild LLP

California to Regulate Use of AI in Employment Starting October 1, 2025

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Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

Blake, Cassels & Graydon LLP

Alberta Court Expands Scope of the “Publicly Available” Exception to Consent Requirement Under Province’s PIPA

In Clearview AI Inc v. Alberta (Information and Privacy Commissioner) (Clearview), the Court of King’s Bench of Alberta expanded the scope of the “publicly available” exception to the consent requirement for the collection,...more

Dacheng

China Monthly Data Protection Update: June 2025

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This monthly report outlines key developments in China’s data protection sector for June. TC260 Two Cybersecurity Practice Guidelines on Personal Information Protection Compliance Audits: On May 19, 2025, TC260 issued two...more

A&O Shearman

UK Information Commissioner's Office launches AI and Biometrics Strategy

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In early June the UK Information Commissioner’s Office (ICO) launched its AI and Biometrics Strategy (AIBS), the first time it has published a dedicated document setting out its priorities on General Data Protection (GDPR)...more

Fox Rothschild LLP

Using Facial Recognition? Regulators Expect Detailed Risk Assessments

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Following the Federal Trade Commission’s decision in December 2023 to ban Rite Aid from using AI facial recognition, it has become crystal clear that U.S. regulators expect a risk assessment when a retailer uses facial...more

Bennett Jones LLP

BC Court Finds No Identifiable Class in Mall-Directory Camera Privacy Class Action

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In Cleaver v The Cadillac Fairview Corporation Limited, 2025 BCSC 910, the BC Supreme Court refused to certify a class proceeding alleging privacy breaches of biometric data, concluding that the plaintiffs had failed to...more

Venable LLP

Connecticut Signals an Increased Focus on Biometric Data Compliance

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In April, the Office of the Connecticut Attorney General (OAG) released an updated enforcement report under the Connecticut Data Privacy Act (CTDPA) to highlight privacy enforcement actions taken in 2024....more

Troutman Pepper Locke

Facial Recognition and Legal Boundaries: The Clearview AI Case Study — Regulatory Oversight Podcast

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In this episode of the Regulatory Oversight podcast, Stephen Piepgrass welcomes David Navetta, Lauren Geiser, and Dan Waltz to discuss the $51.75 million nationwide class settlement involving Clearview AI and its broader...more

Tucker Arensberg, P.C.

AI in the Workplace Series - Part 3: Artificial Intelligence in Employment: How States Surrounding Pennsylvania are Approaching...

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This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption...more

Wyrick Robbins Yates & Ponton LLP

ConnectiCut to the Chase: Lessons from the Connecticut AG's Latest CTDPA Enforcement Report

On April 17, 2025, the Connecticut Office of the Attorney General (“OAG”) released an Updated Enforcement Report Pursuant to the Connecticut Data Privacy Act (“Report”). The Report, the second issued by OAG (read our...more

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