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The Lighter Side of Biometrics

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 has become the hallmark of our scholarship and speaking engagements, but in more bite-sized tidbits designed for regular consumption. Our goal is to help readers stay abreast of legal trends, technological developments, compliance options, legislative action, and strategies to avoid certain pitfalls when using or implementing biometrics. But that is not to say there isn’t room for some levity now and again too!

At its core, biometrics is the use of immutable human characteristics—such as a person’s voice, fingerprint, handprint, facial geometry, iris, etc.—for purposes of identification and/or authentication. And while recent technological advancements in the field of biometrics have changed the way we travel, pay for goods and services, access sensitive data, and protect our identities online, the use of biometrics also comes with legal risks as lawmakers across the country pass laws regulating this technology. To date, several states have enacted targeted biometrics laws, including the well-known Illinois Biometric Information Privacy Act. Others have ramped up efforts to enact similar laws of their own. While still other states are encompassing biometric data within their new, broader consumer privacy statutes and/or amending data breach notification statutes to make existing laws applicable to biometrics. As a result, the commercial use of biometric data has led to a significant wave of class action litigation for alleged technical missteps—a trend that will continue, if not increase, during the foreseeable future.

The recent advancement of technology and artificial intelligence, coupled with the growing utilization of biometric data, has forced clients to address and minimize the risks associated with biometric privacy regulatory compliance, enforcement, and litigation. This blog will examine these emerging issues and provide practical guidance for businesses seeking to navigate the myriad biometric privacy laws. Our team is thrilled to use this platform to share our perspectives on timely topics, including compliance best practices, emerging legal trends involving biometrics laws and technology around the country and the world, risk mitigation, and litigation strategy.

Whether you’re looking for a welcome distraction, or a call to action; an industry trend, or what the case law portends; compliance advice, or insight on a new biometric device; a discussion of some new technology, or just some folly, the Biometric Privacy Insider has you covered! We invite you to join us as we navigate the myriad opportunities and challenges associated with the ever-expanding and fascinating world of biometrics!