Biometrics

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As we previewed in our prior Legal Update, the Federal Trade Commission (“FTC”) warned businesses of its stance on the use and collection of biometric information in a May 2023 policy statement. Now, an enforcement action filed earlier this week offers insight into the potential consequences for businesses that do not comply with the…

On May 18, 2023, the Federal Trade Commission (“FTC”) issued a policy statement warning companies of the ways that collecting and using biometric information, or using biometric information technologies, might amount to an unfair or deceptive practice in violation of Section 5 of the FTC Act.

The policy statement identified several potentially deceptive practices: false…

On 18 June 2021, the UK Information Commissioner published a Commissioner’s Opinion (the “Opinion”) on the use of live facial recognition (“LFR”) technology in public spaces. Public spaces are defined broadly and include any non-residential space. The Opinion sets out that there is “a high bar” for businesses to meet.…

On 21 April 2021, the European Commission proposed a new, transformative legal framework to govern the use of artificial intelligence (AI) in the European Union. The proposal adopts a risk-based approach whereby the uses of artificial intelligence are categorised and restricted according to whether they pose an unacceptable, high, or low risk to human safety…

On July 17, 2020, the US Department of Commerce, Bureau of Industry & Security (“BIS”), published a Notice of Inquiry (“Notice”)1 seeking public comments on potential changes to items controlled for crime control and detection (“CC”) reasons under the Export Administration Regulations (“EAR”)2 and the related licensing requirements. Among other possible changes, BIS…

On January 29, 2020, the European Data Protection Board (“EDPB”) released Guidelines 3/2019 on processing personal data through video devices (“Guidelines”). The Guidelines shed light on the EU General Data Protection Regulation (“GDPR”) requirements applicable to this type of processing.

While some might debate whether a supreme being is watching us, there is little doubt…

On 5 August 2016, the State Administration for Industry and Commerce (SAIC) released the draft Implementation of the Law of the People’s Republic of China on Protection of Consumer Rights and Interests (the “Draft”) for public comment. According to an official release issued at the same time, the Draft focuses on product recall, fraud, online…