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BIOMETRIC PRIVACY INSIDER

Welcome to Biometric Privacy Insider!

Jeffrey N. Rosenthal | Welcome to the inaugural blog post of the Biometric Privacy Insider! Authored by Blank Rome LLP’s dedicated Biometric Privacy Team—seasoned privacy, cybersecurity, artificial intelligence, and class action attorneys from around the country—the Biometric Privacy Insider is a one-stop destination for all things biometrics. Readers can expect the same in-depth analysis that…

$228M Damages Award Vacated in First BIPA Trial

Karen H. Shin | The U.S. District Court of the Northern District of Illinois vacated a $228 million damages award in Rogers v. BNSF Railway Co., the first case tried to a verdict under the Illinois Biometric Information Privacy Act (“BIPA”). In Rogers v. BNSF Railway Co., rail workers alleged that BNSF Railway Co. (“BNSF”) collected their biometric…

Montana Passes Law Regulating Facial Recognition Use by Police

Jason C. Hirsch | 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 serious crimes. However, FRGUA prohibits the use of “continuous” facial recognition and establishes human review and audit procedures to ensure compliance…

FTC Adopts Biometric Policy Statement

Tianmei Ann Huang | The Federal Trade Commission (“FTC”) issued a policy statement (“Statement”) raising significant concerns about consumer privacy, data security, and the potential for bias and discrimination associated with the increasing use of biometric information and related technologies. The Statement warns that false, misleading, or unsubstantiated statements made about the accuracy of biometric information technologies and/or practices may…

NYC Introduces Bills to Limit Facial Recognition in Private Sector

Tianmei Ann Huang | New York City Council (“Council”) members are expected to formally introduce two Local Laws on April 27, 2023, during the next Council meeting, seeking to regulate private-sector use of facial recognition (or similar surveillance technology) for identification or verification purposes. The first bill would amend New York City’s administrative code to prohibit…

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Please contact Blank Rome for permission to reprint. Notice: The purpose of this update is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not substitute for the advice of counsel.

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