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Facial Recognition Technology Data Privacy Corporate Counsel

BCLP

U.S. Biometric Laws & Pending Legislation Tracker - March 2025

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The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

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2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Troutman Pepper Locke

BIPA's Scope Shaped by Courts With No Legislative Relief in Sight

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Since the Illinois Supreme Court’s Rosenbach decision holding that BIPA is actionable on the mere showing of statutory violations rather than actual harm, litigants and courts alike have been busy shaping BIPA case law. Here...more

Troutman Pepper Locke

Clearview and ACLU Reach Settlement to Limit Access to Photo Database

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On May 9, Clearview AI (Clearview) and the American Civil Liberties Union (ACLU) reached a settlement whereby Clearview agreed to a nationwide injunction blocking many private entities, and some public entities, from...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

Carlton Fields

AI Insurance Company Faces Class Action for Use of Biometric Data

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After a tweeting mishap, Lemonade Inc., an AI-based insurance company, faces a class action for allegedly violating New York laws against the use of biometric data without consent by using facial recognition technology to...more

Parker Poe Adams & Bernstein LLP

South Carolina Considers Biometric Data Privacy Law

A bill pending before the South Carolina legislature would place limits on employers’ and businesses’ ability to collect and use biometric information from employees and customers. The law incorporates parts of similar laws...more

UB Greensfelder LLP

Illinois Federal Court Rules Apple May Be “In Possession” of Biometric Data Stored on User Devices

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Last week, a federal court in Illinois ruled that the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS § 14/1 et seq.) can apply to companies that do not exclusively control consumers’ biometric data, denying an...more

Polsinelli

Past, Present and Future: What's Happening with Illinois' and Other Biometric Privacy Laws

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Introduction - Despite its passage in 2008, class action litigation alleging violations of the Illinois Biometric Information Privacy Act (BIPA) has increased significantly in recent years and settlement figures can be quite...more

Eversheds Sutherland (US) LLP

Federal Trade Commission signals increased focus on commercial collection and use of biometric data

In a major development for companies that collect, use, and store biometric data, the US Federal Trade Commission (FTC) reached a proposed settlement of a complaint against a company that allegedly deceived consumers about...more

Robinson+Cole Data Privacy + Security Insider

Election Results: New Data Privacy and Security Laws

Although the Presidential race is unconfirmed at the time of this writing, there are several data privacy and security laws to put on your radar following the election this week....more

Orrick, Herrington & Sutcliffe LLP

Face-off on Use of Biometric Technology in the UK

In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South...more

Troutman Pepper Locke

When Half a Billion Dollars is Not Enough: What the Facebook Settlement Can Teach Us

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On July 23, 2020, the U.S. District Court for the Northern District of California signaled that a $650 million settlement of claims against Facebook, Inc. for alleged violations of the Illinois Biometric Information Privacy...more

McGuireWoods LLP

As Biometrics Technology Permeates Everyday Life, What Laws Should Companies Be Aware Of?

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Does your phone immediately unlock for use after you glance at it? Have you visited your favorite social media platform only to find that you have been tagged in dozens of pictures? Or how about that time you scanned your...more

Franczek P.C.

Seventh Circuit Says Employers Can Be Sued in Federal Court for BIPA Violations

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In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois...more

Fox Rothschild LLP

Washington State Passes A Landmark Facial Recognition Law

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While it received little publicity in the midst of the COVID-19 pandemic, Washington State recently passed a landmark facial recognition law regulating state and local government agencies’ deployment of facial recognition...more

Kelley Drye & Warren LLP

Facial Recognition Tech Enforced by Vermont AG Under State Privacy & Data Broker Laws

Vermont Attorney General Thomas Donovan Jr. has ratcheted up ongoing scrutiny of facial recognition technology. On March 10, the Vermont AG sued facial recognition technology provider Clearview AI and moved for a preliminary...more

Akin Gump Strauss Hauer & Feld LLP

Washington State Lawmakers Divided Over Private Right of Action and Other Relief in Dueling Data Privacy Bills

- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...more

Husch Blackwell LLP

Overview Of Recent Decisions Interpreting The Illinois Biometric Information Privacy Act

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Key Points- The Illinois Biometric Information Privacy Act (BIPA) is the most stringent privacy law in the country providing claimants with a private right of action without alleging actual injury....more

Amundsen Davis LLC

Facebook Facing Massive Class Action Trial: Ninth Circuit Rules BIPA Class Action Can Proceed

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In January 2019, we reported on the Illinois Supreme Court’s decision, Rosenbach v. Six Flags Entertainment Corp., where the highest court in Illinois unanimously found that an individual need not allege (or show) an actual...more

Proskauer - New Media & Technology

Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against...

In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more

Seyfarth Shaw LLP

Biometric Privacy Class Actions By The Numbers: Analyzing Illinois’ Hottest Class Action Trend

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Seyfarth Synopsis: Over the last few years, Illinois companies have quickly become aware of the risks associated with the state’s unique biometric privacy law. Originally passed in 2008, the Illinois Biometric Information...more

Seyfarth Shaw LLP

Newly Proposed Legislation To Restrict Biometric Privacy Class Actions In Illinois

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Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more

Perkins Coie

Proposed Washington Privacy Act Tracks GDPR and CCPA Protections and Emphasizes Facial Recognition

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Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,...more

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