News & Analysis as of

Federal Trade Commission (FTC) Facial Recognition Technology Enforcement Actions

Fox Rothschild LLP

Using Facial Recognition? Regulators Expect Detailed Risk Assessments

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Following the Federal Trade Commission’s decision in December 2023 to ban Rite Aid from using AI facial recognition, it has become crystal clear that U.S. regulators expect a risk assessment when a retailer uses facial...more

WilmerHale

FTC Announces Groundbreaking Action Against Rite Aid for Unfair Use of AI

WilmerHale on

On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against  the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more

Perkins Coie

FTC Signals Tough Line in First AI Discrimination Case Under Section 5

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The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more

Baker Donelson

FTC Rite Aid Settlement Offers Key Lessons for Mitigating Risk When Deploying Biometrics or AI Tools

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On December 19, 2023, the Federal Trade Commission (FTC or Commission) announced its settlement of an enforcement action against retail pharmacy chain Rite Aid over alleged violations of Section 5 of the FTC Act (Section 5)...more

BCLP

FTC Policy Statement to Biometric Information and Technology

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The Federal Trade Commission (“FTC”) has issued a policy statement addressing biometric technologies in a signal of enforcement actions to come: It states: “In light of the evolving technologies and risks to consumers, the...more

Wiley Rein LLP

FTC Issues Policy Statement on Biometric Information, Signaling a New Enforcement Priority

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At the Federal Trade Commission’s (FTC or Commission) May 2023 Open Commission Meeting, the FTC voted unanimously to approve a Policy Statement on Biometric Information and Section 5 of the FTC Act (the Policy Statement). The...more

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 28

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order  - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more

Goodwin

Biometric And Facial Recognition Technology In The U.S.: What’s In Store For 2021?

Goodwin on

Regulation of the collection and use of biometric data is on the rise, a trend which is likely to continue through 2021 and beyond. Currently, three states have laws that regulate what private businesses can do with biometric...more

BCLP

FTC Says that One Cannot Retain the Fruit of the Tainted Tree

BCLP on

Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer.  On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more

Wilson Sonsini Goodrich & Rosati

Acting FTC Chairwoman Slaughter Previews Potential FTC Priorities Under New Administration

On February 10, 2021, acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter delivered a keynote address on “Protecting Consumer Privacy in a Time of Crisis”1 at the Future of Privacy Forum’s annual Privacy...more

Perkins Coie

Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology

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The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more

Eversheds Sutherland (US) LLP

Federal Trade Commission signals increased focus on commercial collection and use of biometric data

In a major development for companies that collect, use, and store biometric data, the US Federal Trade Commission (FTC) reached a proposed settlement of a complaint against a company that allegedly deceived consumers about...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2021 #2

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CYBERSECURITY - Ubiquiti Notifies Customers of Breach - Ubiquiti, a manufacturer of products used for networks such as routers, webcams and mesh networks, announced this week that an unauthorized access to its systems...more

Rothwell, Figg, Ernst & Manbeck, P.C.

FTC Settles with Everalbum Over Misuse of Facial Recognition Technology

On Monday, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., the California-based developer of a photo app called “Ever,” with regard to allegations that the company deceived consumers about the...more

Robinson+Cole Data Privacy + Security Insider

Everalbum Settles with FTC over Facial Recognition Technology in its Ever App

The Federal Trade Commission (FTC) announced its settlement with Everalbum Inc. (Everalbum) for its Ever app, a photo and video storage app, due to its alleged deception of consumers related to the app’s use of facial...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

FTC Settlement with Photo Storage App Provides Cautionary Tale About the Importance of Complying with Your Own Privacy Policy

It is privacy policy 101 to say what you do and do what you say. Valuable lessons can be learned about this best practice from the proposed settlement announced between the Federal Trade Commission (FTC) and California-based...more

Eversheds Sutherland (US) LLP

Facebook’s settlements with the Federal Government - Key takeaways for all companies to consider

On July 24, 2019, both the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC) announced landmark settlements with Facebook. The agreements were significant not only because of the hefty fines...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | March 2019

Florida Introduces BIPA Legislation - A Florida state senator has introduced an identical version of the Illinois Biometric Information Privacy Act (BIPA)....more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2018 #2

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Many consumers are unaware that retailers use facial recognition technology in retail stores to monitor shoppers and prevent shoplifting. Consumers see cameras in retail stores and assume they are there to monitor for...more

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