News & Analysis as of

Photographs Data Privacy

Holland & Knight LLP

Image-Generating AI: Trends and Legal Challenges

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Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more

Seyfarth Shaw LLP

Picture This: Illinois Federal Court Holds That BIPA Applies To Photographs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Sosa v. Onfido, Inc., No. 20-CV-4247, 2022 U.S. Dist. LEXIS 74672 (N.D. Ill. Apr. 25, 2022), the Court issued the latest plaintiff-friendly decision under the Illinois Biometric Information Privacy Act...more

Womble Bond Dickinson

Will NeuralHash Make a Hash of Privacy?

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Our personal technology is so complex that making a change in one aspect is likely to affect us in many ways. When tech companies step into social issues, we are likely to see unintended consequences....more

Foster Garvey PC

Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

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Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...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

Fox Rothschild LLP

French Regulator: Photo-Taking Time Clocks Are Too Invasive

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Automatic photo taking is excessive as a way to monitor employee working hours and a less invasive method should be used, French data privacy regulator CNIL told a number of employers...more

Saul Ewing LLP

Ninth Circuit Rules That Facebook’s Facial Recognition Could Violate Biometric Law

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On August 9, 2019, the U.S. Court of Appeals for the Ninth Circuit unanimously upheld certification of a class of Illinois Facebook users alleging that the social media giant’s facial recognition feature called “tag...more

Fox Rothschild LLP

Irish Data Protection Commission Clarifies: GDPR Does Not Preclude Communion Photos

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The GDPR that stole communion… Some schools in Ireland have been banning photographs at communion, citing GDPR. The Irish Data Protection Commission clarified in a guidance titled “Taking Photos at School Events: Where...more

Perkins Coie

Google Defeats Biometric Privacy Lawsuit on Article III Standing Grounds

Perkins Coie on

Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more

Proskauer - New Media & Technology

A Busy Month in the Facebook Photo Tagging Biometric Privacy Dispute

As discussed in past posts about the long-running Facebook biometric privacy class action, users are challenging Facebook’s “Tag Suggestions” program, which scans for and identifies people in uploaded photographs for photo...more

Proskauer - New Media & Technology

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site...more

Seyfarth Shaw LLP

California Federal District Court Does Not ‘Like’ Facebook’s Standing Argument In Illinois Biometric Information Privacy Act Case

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Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more

Proskauer - New Media & Technology

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more

Proskauer - New Media & Technology

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more

Foley & Lardner LLP

States Continue to Fill Gaps in Privacy Legislation: Illinois Biometric Law Gains Traction and Serves as Model for Other States

Foley & Lardner LLP on

Enacted in 2008, Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 or BIPA), generally requires companies to obtain a person’s consent before collecting, capturing, or purchasing a person’s “biometric identifier” or...more

Proskauer - New Media & Technology

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more

Proskauer - New Media & Technology

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

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

McDermott Will & Emery

Employee consent to use of personal data reliable under German law

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The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in...more

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