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Does your business collect or use fingerprints? Do your building access points use retina, finger, or palm scans? Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more
The Supreme Court of Illinois recently held that use of a fingerprint system by White Castle, Inc. (“White Castle”) to authenticate employees, without the consent of the employees, entailed multiple violations of the Illinois...more
In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more
Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more
The use of a facial recognition tool by Clearview AI, Inc. was the subject of an investigation by the privacy commissioners of Alberta, British Columbia and Quebec and their federal counterpart. In their jointly published...more
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
Emerging technology and evolving legal principles collide as artificial intelligence raises more questions than it answers. Privacy, consent/disclosure, repurposing, facial recognition and automated phishing attacks are some...more
Over the past several years, technology has infiltrated more and more aspects of life—including the employment context. With new consumer and business products and platforms being introduced to the workplace on a daily basis,...more
A #BigIdeas2020 Trending News interview from Employment Law This Week®, featuring attorney Matthew Savage Aibel of Epstein Becker Green: Employers’ use of facial recognition technology is expected to increase in 2020. But...more
Companies in all industries and of all sizes are increasingly using biometric data—fingerprints, voiceprints, and facial structure, to name three—as a faster, more reliable, and more economical alternative to passwords and...more
What is this bill? A new bill introduced in the U. S. Senate on March 14, 2019 would require companies to obtain explicit user consent before facial recognition data could be collected and shared. The bill is known as the...more
While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more
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
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