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While the authorities’ publications on AI have recently tended to be in the area of data protection (such as the EDPB, which we covered here and here), the European Commission has recently published its first set of [draft]...more
This monthly report outlines key developments in China’s data protection sector for April....more
Two recent decisions by Québec’s data protection authority, the Commission d’accès à l’information (the “CAI”), should serve as cautionary tales for any business contemplating the deployment of biometric information...more
The first binding obligations of the European Union’s landmark AI legislation, the EU AI Act (the Act), came into effect on February 2, 2025. Essentially, from this date, AI practices which present an unacceptable level of...more
As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that employers in Hong Kong are considering using biometric systems in the workplace. However,...more
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
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
The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...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
The Federal Trade Commission (“FTC”) has banned Rite Aid from using facial recognition technologies for surveillance for five years, demonstrating the FTC’s expectations regarding deployments of biometric and artificial...more
On December 19, 2023, Rite Aid Corporation (Rite Aid) agreed to settle Federal Trade Commission (FTC) charges that it failed to take reasonable measures to prevent harm to consumers from its use of facial recognition...more
Feeling seen, but maybe too seen - Stepping off the plane this past August after a long international flight, the last thing I wanted was a lengthy wait at US Customs, the final sentinel between me and a good night’s sleep. I...more
In July, Instagram’s parent company Meta Platforms, Inc. (“Meta”) agreed to a $68.5 million class-action biometric privacy settlement in connection with the company’s alleged violation of Illinois’ Biometric Information...more
Montana recently passed the Facial Recognition for Government Use Act (“FRGUA”), which permits state and local agencies, including law enforcement, to use facial recognition to look for suspects, victims of, or witnesses to...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
The FTC recently published a policy statement with its enforcement priorities for the misuse of biometric information. To be clear, there are no new federal laws that specifically regulate the collection or use of biometric...more
On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...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 January 2023, New York Attorney General Letitia James sent a letter to Madison Square Garden Entertainment Corporation (MSG), seeking information about its use of facial recognitional technology to prohibit ticketholders...more
CYBERSECURITY - FBI and DHS Warn of Russian Cyberattacks Against Critical Infrastructure - U.S. officials this week warned government agencies, cybersecurity personnel, and operators of critical infrastructure that...more
The Internal Revenue Service previously announced in November 2021, that it would use facial recognition technology offered by ID.me to authenticate taxpayers before using any online services the IRS provides, including...more
Baltimore recently prohibited several uses of “face surveillance” technology. Under the new law companies cannot use systems that identify or verify individuals based on their face. The law also prohibits saving information...more
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