On September 4, 2019, the High Court of England and Wales dismissed a challenge against South Wales Police’s use of Automated Facial Recognition technology, determining that the police’s use of AFR had been necessary and proportionate to achieve their statutory obligations.
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Facial Recognition Technology
Swedish Data Protection Authority Issues First Fine Under GDPR
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On August 21, 2019, the Swedish Data Protection Authority imposed its first fine since the EU General Data Protection Regulation came into effect, fining a school 200,000 Swedish Kroner for creating a facial recognition program in violation of the GDPR.…
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Belgian DPA to Further Investigate Data Breach Affecting Temporary Employment Agency’s Employee Fingerprints
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On August 21, 2019, the Belgian Data Protection Authority published a press release informing of its intention to further investigate a data breach that was notified by Adecco Belgium, a temporary employment agency.…
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ICO Launches Investigation into Facial Recognition in King’s Cross, London
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On August 15, 2019, the UK Information Commissioner’s Office announced that it had launched an investigation into the use of live facial recognition technology at the King’s Cross development in London.…
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Ninth Circuit Allows Class Action Challenging Facebook’s Facial Recognition Technology Under Illinois BIPA
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On August 8, 2019, the United States Court of Appeals for the Ninth Circuit allowed a class action brought by Illinois residents to proceed against Facebook under the Illinois Biometric Information Privacy Act. This blog entry provides details on the case.…
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ICO Announces First Data Protection Sandbox Participants
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Posted in European Union, International
On July 29, 2019, the UK Information Commissioner’s Office announced the selection of 10 projects (out of 64 applicants) to participate in its sandbox, which is designed to support organizations in developing innovative products and services with a clear public benefit.…
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Ninth Circuit Rejects Facial Recognition Claim Against Facebook
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Posted in Information Security
On June 14, 2019, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of Facebook, holding that the company did not violate the Illinois Biometric Information Privacy Act. This blog entry provides an overview of the case.…
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Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation of Actual Injury
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Posted in Information Security, U.S. State Law
The Illinois Supreme Court ruled today that an allegation of “actual injury or adverse effect” is not required to establish standing to sue under the Illinois Biometric Information Privacy Act.…
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Illinois BIPA Suit Dismissed for Lack of Article III Standing
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Posted in Information Security, U.S. State Law
On December 29, 2018, the Northern District of Illinois dismissed consolidated cases brought under the Illinois Biometric Information Privacy Act on standing grounds, finding that despite the existence of statutory standing under BIPA, neither plaintiff had claimed any injury that would support Article III standing.…
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Facing Privacy Suits About Facial Recognition: BIPA Cases Move Forward as More States Consider Passing Biometric Data Laws
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Posted in Information Security, Marketing
Recent judicial interpretations of the Illinois Biometric Information Privacy Act, 740 ILCS 14, present potential litigation risks for retailers who employ biometric-capture technology, such as facial recognition, retina scan or fingerprint software. In a recent client alert, we discuss biometric privacy laws and recent case studies.…
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