Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cybersecurity Law & StrategyFeaturesCybersecurityLitigationSocial MediaTechnology Media and Telecom

Biometric Law Litigation Expands Beyond Social Media

By Shari Claire Lewis
September 01, 2021

Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, 984 F.3d 1241 (7th Cir. 2021) (plaintiffs alleged that defendant used a proprietary algorithm to "scrape" pictures from social media sites such as Facebook, Twitter, Instagram, LinkedIn, and Venmo); K.F.C. v. Snap, No. 3:21-cv-9-DWD (S.D. Ill. June 10, 2021) (plaintiff alleged that two Snapchat features, "Lenses" and "Filters," use scans of facial geometry and violated her rights under BIPA); Vance v. Amazon.com, No. C20-1084JLR (W.D. Wash. March 15, 2021) (plaintiffs alleged that Flickr, through its parent company Yahoo!, compiled hundreds of millions of photographs posted on its platform into a dataset that it then made publicly available to "help improve the accuracy and reliability of facial recognition technology"). Of course, in addition to the litigation expenses and executive time required to defend these suits, settlements can be quite costly. See, e.g., In re Facebook Biometric Info. Privacy Litig., No. 15-cv-03747-JD (N.D. Cal. Feb. 26, 2021) (approving $650 million Facebook biometric information privacy settlement).

Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments doing business in New York City.

|

The Essentials

The new city law — groundbreaking and the first of its kind in New York state — was introduced in the New York City Council in October 2018 and finally was adopted on Jan. 10, 2021. In short, it requires that businesses notify customers if they use biometric identifier technology, and it also prohibits them from selling biometric identifier information. The new law has three principal provisions.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.