The Rise of Facial Recognition Technology: Mapping the Legal Framework

The Supreme Court recently decided it will not hear Facebook’s appeal of a decision to allow users to sue the social media giant for violating Illinois’ biometric law with its facial recognition tools, and Facebook has settled with the users for $550 million. The Illinois law is part of a patchwork of national and international laws regulating the use of facial recognition technology (FRT). This second installment of our three-part article series on FRT examines the applicable legal framework and regulatory guidance. Part three will cover navigating compliance with these laws, advice on how to mitigate risk and guidance from regulators. Part one discussed common uses of the technology, with input from Mastercard counsel on Mastercard’s approach to using the technology. See “Navigating Today’s Biometric Landscape” (Apr. 3, 2019).

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