Category Archives: Biometrics

NY State Education Department Bans Facial Recognition Technology

In late September, the NY State Education Department issued a two-page order providing that NY public schools may not purchase or utilize facial recognition technology. The Department relied on a report issued by the NY Office of Information Technology Services in August that was critical of the privacy implications of facial recognition technology, but left open the door for the use of other types of biometric technology in schools.… More

Proposed South Carolina Biometric Legislation Could Break New Ground

Over two years ago, in our annual year in preview series, we noted that while only three states had passed laws specifically dealing with the protection of biometric information, other states were considering following their lead.  But even as biometric technology has continued to advance, state legislatures have remained cautious about enacting privacy legislation directed specifically at the protection of biometric information.  As of now,… More

Partner Colin Zick Discusses Sports Betting and Biometric Data with the Boston Globe

As Massachusetts lawmakers consider whether to legalize sports betting, professional athletes fear that their biometric data – which can be collected and analyzed as part of their training – could become a commodity in this form of gambling. Professional sports leagues say that they have no plans to make this data available for gamblers, but the use of biometric data from wearable health devices is not covered by health privacy laws.… More

Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?

Can a fingerprint alone provide “testimony” about a person?  Earlier this month, a federal court in California said yes.  But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in the ever-evolving field of how to balance law enforcement needs and individual citizens’ privacy interests as new technologies emerge.

The United States District Court for the Northern District of California has been a hotspot for privacy-related litigation,… More