US regulators ‘scrutinize in determining’ use of biometric data (What?)

The U.S. Federal Trade Commission says it will meet next week to talk about regulating companies that use biometric data. That is about all the commissioners have said.

An open virtual meeting has been scheduled for May 18 at 11 ET and includes time for the public to make statements before commissioners.

Although it is not clear, it appears that the panel will vote whether to post a statement about how the FTC Act can be used in relation to transactions involving biometric data. It is possible, commissioners will discuss whether they should make a statement.

In any case, exactly what is at issue is not known. According to the FTC’s meeting announcement, the statement would “list examples of some of the practices” considered sketchy.

“The Commission will scrutinize in determining whether companies collecting and/or using or marketing biometric information technologies are complying with Section 5 of the FTC Act.”

Originally crafted to regulate unfair or deceptive acts or practices among state-chartered banks, Section 5 states how and when commissioners will step in to stop practices that are harmful to commerce.

The FTC is late to this topic. Although, to be fair, very few governments in the United States have acted.

Illinois has the mother of all related laws, the Biometric Information Privacy Act, under which scores of plaintiffs have successfully sued. BIPA mandates getting Illinois residents express consent before collecting their biometric data or informing them about how the data will be managed.

BIPA must be effective at some level. Plans are afoot to defang it.

Texas has a biometric privacy law, but it lacks a right of action for residents. Suits must be launched by the attorney general.

More recently, the states of Washington and Maine have debating legislation about biometric privacy. (Washington’s bill awaits the governor’s signature.)

The city of Portland, Ore., banned private organizations from using facial recognition. The matter is also being debated in New York, California, Iowa and Colorado.

Article Topics

biometric data  |  biometric identifiers  |  biometrics  |  FTC  |  regulation  |  U.S. Government