The Legal Battle for Biometric Information Privacy: Exploring the Latest Developments in Litigation
As technology advances, the collection and use of biometric data is becoming increasingly widespread. Biometric data is any information related to an individual’s unique biological or behavioral characteristics, such as fingerprints, facial recognition, and retina scans. While this information can be incredibly helpful in identifying individuals, it also raises concerns around privacy and data protection.
In recent years, numerous cases have been brought to court to determine the legality of collecting and using biometric data. This article will explore the latest developments in litigation around biometric information privacy.
Background
The use of biometric information is becoming more prevalent in a variety of industries. For example, law enforcement agencies use facial recognition technology to identify criminal suspects, while employers use biometric data to control access to restricted areas. The use of biometric data is not inherently evil, but the risks associated with its use must be considered.
The biometric data collected can be used for fraudulent purposes, potentially leading to identity theft or other financial crimes. It can also be collected without an individual’s knowledge or consent, leading to concerns around the scope of privacy that individuals should be entitled to.
Recent Developments in Litigation
Numerous lawsuits have been filed across the country regarding the collection and use of biometric data. One notable case was brought against Facebook for its facial recognition technology, which automatically suggested tags for users in photos. The plaintiffs argued that this technology violated Illinois’ Biometric Information Privacy Act (BIPA), which requires companies to obtain individuals’ written consent before collecting their biometric data. Facebook ended up settling the case for $550 million.
Other cases around biometric information privacy have seen mixed results. For example, a class-action lawsuit against Clearview AI, a facial recognition technology provider, was dismissed in March 2021. The plaintiffs argued that Clearview AI’s technology violated Illinois’ BIPA; however, the judge ruled that the plaintiffs had not shown that they had suffered any harm.
Another recent case was brought against a nursing home in New York. Employees brought the case, alleging that the employer required them to scan their fingerprints each day to clock in and out of work, without obtaining their written consent. Although the case was ultimately dismissed in 2021, this highlights the importance of employers following proper protocol when collecting biometric data from their employees.
Key Takeaways
While the use of biometric data can be incredibly helpful, it also brings up concerns around privacy and data protection. It is important for companies to follow proper protocol when collecting biometric data from employees or customers, including obtaining written consent. Furthermore, individuals should be aware of their rights around the use of their biometric data and hold companies accountable when they violate those rights.
As the use of biometric data becomes even more widespread, it is likely that we will continue to see legal battles surrounding its collection and use. It is important for companies to stay up-to-date on the latest developments in litigation and ensure that they are following best practices when it comes to collecting and using biometric data. By doing so, they can avoid costly legal battles and protect the privacy of their customers and employees.
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