Tag Archives: biometrics

FTC Issues Warning on Use of Biometric Information

By Joel Griswold and Bonnie Keane DelGobbo on May 19, 2023 Posted in FTC

On May 18, 2023, the Federal Trade Commission (FTC) issued a Policy Statement on Biometric Information and Section 5 of the FTC Act (Policy Statement). Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive practices in or affecting commerce” and empowers the FTC to bring civil actions for penalties of … Continue Reading

US Facial Recognition Firm Ordered to Stop Processing UK and Australian Data and Pay Fine Over Privacy Law Violations

By Jeewon Serrato and BakerHostetler on December 15, 2021 Posted in AI, Biometrics, Data Privacy, GDPR, Privacy, Privacy Litigation

ICO and OAIC Find ‘Serious Breaches’ of Privacy Law On Nov. 29, 2021, the U.K. Information Commissioner’s Office (ICO) announced a provisional intent to fine Clearview AI over £17 million, alleging several privacy violations related to the company’s use of “scraped” data and biometrics of individuals. More significantly, the provisional order would require the company … Continue Reading

In BIPA’s Wake, a Wave of New Biometric Privacy Proposals

By Robyn M. Feldstein and Melinda L. McLellan on April 15, 2019 Posted in Biometrics

Over the past year, a host of new national, state and local laws have been introduced to regulate the collection and use of biometric information. Although these proposals vary in their requirements, certain elements appear to be inspired in part by the Illinois Biometric Information Privacy Act (BIPA), which has been the subject of significant … Continue Reading

Wearables in The Arena: The Shifting Legal Landscape Governing Fitness Trackers in Professional Sports

By Melinda L. McLellan, Ron Gaither, Elizabeth McCurrach and Robyn M. Feldstein on December 17, 2018 Posted in Biometrics, Internet of Things

The use of wearable technology (colloquially known as “wearables”) has been on the radar of athletes, sponsors, sports teams and leagues for years, with the various constituencies carefully balancing the necessity for player privacy with growing professional and financial interests. Following the Supreme Court’s decision in Murphy v. NCAA, which overturned the Professional and Amateur … Continue Reading

Moving Beyond Passwords – Does Your Face Raise Privacy Concerns?

By Eric A. Packel on November 8, 2017 Posted in Cybersecurity, Mobile Privacy

Phishing attacks continue to be the root cause of a considerable number of data breaches. Typically, these incidents occur when employees are enticed into giving up their login credentials in response to a cleverly designed, yet fake email. Thus, network passwords, combined with employee susceptibility to phishing emails, remain a major security weakness for corporations. … Continue Reading

Washington State Passes Legislation Governing the Use of Biometric Information

By Melinda L. McLellan and Robyn M. Feldstein on June 8, 2017 Posted in Privacy Litigation, Retail Industry, State Legislation

Effective July 23, 2017, Washington will join Illinois and Texas as the third U.S. state to impose statutory restrictions on how businesses collect, use, disclose and retain biometric information. House Bill 1493 applies to entities that “enroll a biometric identifier in a database for a commercial purpose” and includes requirements to provide notice to individuals … Continue Reading