Biometrics

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UPDATE: Prior to the close of the legislative session, the amended AB 83 failed to make it out committee.

With the session ending on August 31st, the California legislature is debating a bill (AB 83) that would expand data security requirements for businesses that maintain personal information of California residents to include, among other things, protection for geolocation and biometric data. Under existing law (Cal. Civ. Code §1798.81.5(b)), a person or business that owns, licenses, or maintains a California resident’s “personal information,” must implement and maintain “reasonable security procedures and practices appropriate to the nature of the information.”   The current law also lists multiple types of covered “personal information.”

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition technology. Notably, last year, the self-regulatory initiative hit a stumbling block when nine consumer advocacy groups withdrew from the process due to a lack…

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA).  Add one more to the list.  A Chicago resident brought a putative class action against Google for allegedly collecting, storing…

As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage service Shutterfly and the social network Facebook are both defending putative class action suits that, among other things, allege…

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., Licata v. Facebook, Inc., No. 2015CH05427 (Ill. Cir. Ct. Cook Cty. filed Apr. 1,…

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block.  Nine consumer advocacy groups withdrew from the National Telecommunications and Information Administration (NTIA)-initiative due to a lack of consensus on a minimum standard of consent.  The NTIA initiative had…