Facial recognition as a security measure has been, and will most likely continue to be, a hot topic of debate, as it brings the issue of personal privacy and public safety to a new level. Facial recognition appears to have tremendous benefits, but as with any other new, sweeping technology, there is a great chance of it being weaponized, so it's fortunate that the issue is being talked about among legislators and in the media.  -- IFPO.

OCTOBER 18, 2019, SecurityInfoWatch

Innovations in the development of facial recognition software is among the most important technology trends to impact the physical security industry this past decade. Driven by advancements in machine learning, the solutions available on the market today can detect the faces of individuals with an incredible degree of accuracy.

Unsurprisingly, facial recognition has also been the subject of much controversy of late as privacy advocates and lawmakers have expressed concerns about how the technology could potentially be misused by law enforcement and other government agencies. Some cities, such as San Francisco and Oakland, have already taken the extraordinary step to ban government use of the technology within their jurisdictions.

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But while news surrounding these governmental bans have garnered most of the recent headlines, the private sector has encountered its own set of legal challenges regarding use of the technology. Last month, class action lawsuits were filed against home improvement stores Lowe’s and Home Depot for allegedly scanning the faces of customers inside store locations in Illinois. Attorneys for the plaintiffs claim the use of facial recognition by these retailers violate the state’s Biometric Information Privacy Act (BIPA) and are seeking damages of $1,000 to $5,000 per violation.

BIPA, which places limitations on how private entities can collect and use a person’s biometric data, was passed by the Illinois legislature more than a decade ago but relatively few lawsuits leveraging the law’s protections were brought forth until more recently. Earlier this year, the Illinois Supreme Court potentially paved the way for even more BIPA litigation after issuing a ruling in a landmark case, Rosenbach v. Six Flags Entertainment Corp., in which they found that someone doesn’t need to sustain actual injury beyond technical violations of the law in order to pursue a claim. The lawsuit was brought by the mother of a 14-year-old boy who alleged that the amusement park scanned and stored her son’s fingerprint without parental consent.

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