Prepare for the Impending Wave of Facial Recognition Technology Regulation—Before It’s Too Late
The ability of companies to use facial recognition in a safe and responsible manner has become a paramount concern for consumers, lawmakers, and regulators alike. As a result, new laws specifically targeting facial recognition have steadily increased across the nation in recent years. The author of this article discusses the laws pertaining to facial recognition technology and steps companies should consider implementing to comply with these laws.
At the present time, regulation over the use of facial recognition technology remains limited to a relatively few number of state and local laws. Consequently, a large number of companies that are not currently subject to any facial recognition regulation continue to operate under the assumption that they need not worry about developing a biometric privacy compliance program to ensure compliance with today’s facial recognition-related requirements and restrictions.
A word of caution: operating in this fashion is a recipe for disaster.
As the legal and privacy risks continue to increase in connection with the use of facial biometrics, and as lawmakers seek to impose tighter controls over the use of this especially sensitive type of biometric data, companies that utilize facial recognition technology—but do not fall under any current facial recognition laws or regulations—are well advised to take proactive steps to build out their facial biometrics compliance programs at this time. By doing so, companies can get a head start on addressing the issues raised by the impending wave of biometric privacy laws targeting facial biometrics, as it is only a matter of time before facial recognition regulation reaches the locations where they conduct business.
To read the full article, please click here.
“Prepare for the Impending Wave of Facial Recognition Technology Regulation—Before It’s Too Late,” by David J. Oberly was published in the July–August 2021 edition of RAIL: The Journal of Robotics, Artificial Intelligence & Law (Vol. 4, No. 4), a Fastcase, Inc. publication. Reprinted with permission.