On May 18, 2023, the Federal Trade Commission (the “FTC”) issued a policy statement on the use of biometric information under its regulatory powers in Section 5 of the FTC Act (the “Statement”). The Statement is the strongest message the FTC has ever issued regarding how certain uses of biometric technology may, depending on the circumstances, constitute unfair and deceptive trade practices under Section 5.
The Statement provides significant insight into the FTC’s shifting priorities and focus on the regulation of the use of biometric technology, a topic that so far has been regulated by state and local law – or not at all. Companies should take heed of the FTC’s guidance for purposes of understanding potential exposure not only at the federal and state regulatory level but also in the form of potential civil lawsuits under state unfair and deceptive trade practice statutes.
Continue Reading The FTC Expands Its Regulatory Watch Over the Use of Biometric Technology
This week Meta, formerly known as Facebook, announced that it has disabled augmented reality effects, including filters and avatars, for its users in Texas and Illinois, citing state facial recognition laws. Meta says that users in those states will see a “temporarily unavailable” message when accessing such features across Facebook, Messenger, Instagram, and Portal. This decision comes at a time when the Illinois Biometric Information Privacy Act (BIPA) continues to wreak havoc on Illinois businesses, and just months after Texas Attorney General Ken Patton filed a lawsuit against Meta claiming the company misused facial recognition technology. Denying any wrongdoing, Meta released a statement justifying the decision as a measure to avoid “meritless and distracting litigation”: