May 29, 2023

Justin Kay Comments on FTC Biometric Data Policy With Business Insider

In “FTC Move Makes Biometric Privacy Liability a National Concern,” Business Insider turned to business litigation partner Justin Kay for his commentary on a recent policy statement from the Federal Trade Commission on the collection of biometric information.

Kay said he is concerned about the ambiguity the policy introduces into compliance, pointing to its statement with regard to requiring a “holistic assessment” of biometric data’s impact and functionality before its deployment.

The statement could open the door to new theories of what is unfair or deceptive in the collection and use of biometric data, he added.

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