Face Forward Part 2: Proposed Legislation and Strategies for Compliant Use of Facial Recognition

27 October 2021
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Picking up where Part 1 of the series left off, this Part moves from discussing enacted legislation to discussing proposed legislation at the federal and state level. There is currently no federal law that specifically regulates biometric privacy even though states have proposed numerous bills in recent years that would constrain the use of biometric identifiers by commercial entities within their jurisdictions. Among the strictest proposals are two bills from Massachusetts, though New York has also proposed legislation that is similar to BIPA. With so many different pieces of legislation—enacted and proposed—navigating the legal field for facial recognition can be tricky.

This two-part series aims to help. In Part 1, we laid out the current laws governing facial recognition in the United States. In this Part 2, we assess where the law is headed and offer some practical risk-reduction strategies.

Continue reading. . .