In January 2020, the Supreme Court decided it would not hear the issue of whether Facebook broke the law in Illinois when it instituted a photo-tagging feature that honed in on users’ faces and tagged them without their consent, and Facebook has now settled with the users for $550 million. The Illinois law is part of a patchwork of laws applicable to facial recognition technology (FRT).
McDermott’s Ashley Winton contributes to the second installment of a three-part article series on FRT. This article examines the applicable legal framework and regulatory guidance, including intellectual property rights, general privacy legislation, specific state biometric data laws and more.
Originally published on Cybersecurity Law Report, February 2020