February 15, 2022

Bloomberg Law Turns to Greg Abrams for Insight on Regulatory Scrutiny Over Biometric Privacy

In “Meta’s Facial Recognition Lawsuit Underscores Enforcement Risk,” Bloomberg Law detailed a lawsuit from Texas Attorney General Ken Paxton against Meta Platforms Inc. over facial-recognition technology. Labor and employment partner Greg Abrams commented on how the case demonstrates enforcement risk for companies around the use of facial geometry, fingerprints and other biometric identifiers.

“The thought that if you don’t do business in Illinois, you don’t have to worry about the risk of significant liability, that’s been refuted by this lawsuit,” said Abrams. “This lawsuit demonstrates that there’s still significant risk if biometrics are being collected, used or stored in other states, even if those states don’t provide for private rights of action.”

According to the publication, Paxton also included allegations under Texas’ deceptive trade practices law. Most states have similar statutes that prohibit companies from acting in ways that run contrary to their stated practices, Abrams noted.

“The fact that Texas is pursuing this action under its deceptive trade practices act in addition to its more specific biometric information statute also potentially sets a precedent for those states that don’t have laws specifically on biometric information to pursue a similar action where appropriate,” Abrams added.

The full article is available for Bloomberg Law subscribers.

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