While the future of a federal law governing biometric information remains to be seen, it is clear the regulatory landscape governing biometrics is constantly evolving and entities handling biometric information must be vigilant as to obligations under current and future law.
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Legislatures in New York, Oregon, Pennsylvania, Rhode Island and Washington have all proposed legislation seeking to curb COVID-19’s impact on businesses in their state. Each state’s proposed legislation essentially prohibits insurers from denying business interruption claims arising from COVID-19 related losses. Although there is some variation between the proposed legislation in each state, the goals are quite clear allow insureds to recover for losses tied to the pandemic, without regard to policy exclusions or gaps in coverage that may otherwise prohibit recovery. A summary of each state’s legislation is provided below.
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On January 11, the Federal Trade Commission (FTC) announced it has settled with a California-based photo app developer involving allegations that it was building and using its users’ photos and videos to create facial recognition technology without their express consent.
Facial recognition software is typically comprised of three steps: detection, mapping, and identification. During the detection step, facial recognition software is developed to distinguish an individual’s face in an image or video from, say, a toaster. To do this, developers will train the software by introducing it to photos of known human faces. Once the software can distinguish a face from other objects, then it will analyze the face by mapping facial features, such as by measuring the width of the nose, eyes, mouth, and chin. Once the software has successfully mapped an individual’s facial features, it will typically then identify the individua
Dubbed the “Biometric Privacy Act,” New York Assembly Bill 27 (“BPA”) is virtually identical to the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). Enacted in.