Biometric

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Many online platforms are using verification tools to address the broader concern of trustworthiness and credibility on the Internet. With a general move toward a “verified internet,” these online platforms are looking at new verification measures, including facial recognition and other biometric technology. The online adult video platform Pornhub announced last week that it will be introducing biometric technology to verify users who upload videos. In a statement, Pornhub explained that verification will be done by Yoti, a digital identity verification company, “by providing a current photo and government-approved identification document.”

Yoti advertises that it is a “privacy driven” verification solution. The company is a conduit between consumers and the platform owners, like Pornhub. Essentially, a consumer will provide Yoti with their biometric identifier, such as a video or voice recording, plus their government identification. Yoti will then verify that data for the platform owner, such as Pornhub. Pornhub will not see that information, but will rely on the verification to allow the consumer to access their site.
Continue Reading Use of biometric technology is latest trend toward a verified internet

On January 6th, the first day of the New York legislature’s 2021 session, NY lawmakers proposed Assembly Bill 27 (AB 27), the Biometric Privacy Act.  The legislative purpose of AB 27 is to provide safeguards for consumers regarding their biometric identifiers, such as fingerprints, handprints, retina or iris scans, voiceprints, and other facial and hand recognition.  Effectively, the proposed Act would require private (non-governmental) organizations that possess a biometric identifier or biometric information (i.e., information “based on” a biometric identifier) (collectively “biometric data”) to develop a written retention policy  setting forth the time period for information containing biometric data, as well as guidelines for permanently destroying such biometric data either when: (i) the initial purpose for obtaining such information “has been satisfied,” or (ii) within three years of the individual’s last interaction with the private entity, whichever happens first.

AB 27 would also require organizations to obtain individuals’ express written consent for the collection of their biometric data prior to collecting or otherwise obtaining such data. In addition, the proposed Act would prohibit organizations from selling or otherwise profiting from the biometric data which they possess, and separately mandate organizations to provide technical and organizational safeguards around biometric data that are the same or more protective than the measures it maintains for other confidential and/or sensitive information.
Continue Reading New York proposes a new Biometric Privacy Act

2019 signalled significant growth in both regulatory focus and litigation involving biometric privacy. The passage of the California Consumer Privacy Act (CCPA), the addition of biometrics to numerous state data breach notification laws (including New York), and continued class action lawsuits emanating from Illinois’ Biometric Information Privacy Act (BIPA) made biometrics a trend line in 2019 that shows no signs of slowing down in 2020. State legislatures will continue to take note of BIPA’s impact in Illinois and will watch closely as the CCPA is effective as of January 1, 2020, taking cues as to whether or how to implement statutory and regulatory frameworks for biometrics in their own states. Organizations that collect and use consumer or employee biometric data should be aware of their obligations and be on the lookout for more activity on both the regulatory compliance and litigation fronts in the new year.

BIPA provides an express private right of action for consumers who claim that their biometric privacy rights have been violated. In January of 2019, the Illinois Supreme Court affirmed this right when it ruled in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff need only allege a violation of BIPA, not an allegation of actual harm, in order to plead a claim under the Act. Since this decision, BIPA has continued to spawn an onslaught of biometric privacy class actions.Continue Reading Biometric privacy: The year in review and looking toward 2020

Over the past several years, legislators from coast to coast have increasingly made data privacy and cybersecurity top priorities. The result has been a spike in the number and stringency of laws that impose proactive and reactive responsibilities – covering, for instance, data security and breach notifications – on companies that collect personal information, whether…

Many states are following in the footsteps of Illinois’ Biometric Information Privacy Act (BIPA), a law that has led to an increase in the volume of class action privacy litigation and highlighted the importance of enterprise-level management of biometric data (e.g., fingerprint, voiceprint, and retina, facial, or iris image). Organizations that collect and use…