In January 2020, the Supreme Court decided it would not hear the issue of whether Facebook broke the law in Illinois when it instituted a photo-tagging feature that honed in on users’ faces and tagged them without their consent, and Facebook has now settled with the users for $550 million. The Illinois law is part of a patchwork of laws applicable to facial recognition technology (FRT).
McDermott’s Ashley Winton contributes to the second installment of a three-part article series on FRT. This article examines the applicable legal framework and regulatory guidance, including intellectual property rights, general privacy legislation, specific state biometric data laws and more.
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