Biometric data is a powerful tool — that is highly regulated . We can help you ensure legal compliance.
As cybersecurity and data privacy lawyers in Seattle, we understand the profound impact and complex legal considerations associated with facial recognition technology. Need help navigating the privacy, legal, and ethical concerns? Schedule a consultation to get started .
Ten years ago, facial recognition technology seemed more like science fiction than reality. Now, it’s utilized across industries for a wide range of applications. Despite offering numerous potential benefits, facial recognition technology isn’t without drawbacks.
As with many emerging technologies, the legal landscape surrounding facial recognition tools is still developing. However, there is already a significant regulatory framework in place that dictates how and when this technology can be used and who can use it. If you work in an industry that utilizes facial recognition technology, understanding the laws that govern its usage is critical to avoiding legal penalties.
As leading cybersecurity and data privacy attorneys in Seattle, we are uniquely equipped to help tech-savvy businesses safely navigate their usage of innovative technologies. This article will explore the legal landscape of facial recognition tools, including the regulatory framework surrounding them, privacy and consent considerations, and how to maintain legal compliance.
As a business owner in Seattle, it’s your responsibility to understand the legal implications of your business and ensure compliance. Luckily, you don’t have to do it alone. Reach out to By Design Law to speak with an experienced attorney today.
Understanding the Regulatory Framework
The regulatory framework surrounding facial recognition technology includes federal, state, and local laws. As a business owner in Seattle, understanding your compliance requirements is critical to your success. Here are a few of the guidelines that apply to your use of facial recognition technology:
- Biometric Information Privacy Act (BIPA) . Although originating in Illinois, this regulation has nationwide implications. It requires companies to receive explicit consent before collecting biometric data, including information collected by facial recognition technology and mandates strict data handling and retention practices.
- Health Insurance Portability and Accountability Act (HIPAA) . When used in the context of healthcare, facial recognition technology must comply with HIPAA regulations on data privacy and security in order to protect patients.
- Washington’s HB 1493 . Washington has joined a handful of other states in regulating the use of biometric data. HB 1493 requires businesses to both notify and obtain consent before collecting or storing an individual’s biometric identifiers.
- King County ban . In 2021, King County (which includes Seattle) became the first county in the U.S. to pass a comprehensive ban on the use of facial recognition technologies by government agencies. Although this ban prevents county offices from using facial recognition for general surveillance or suspect identification, it does not restrict interagency sharing of certain biometric data.
- Port of Seattle restrictions. The Port of Seattle imposed a permanent ban on the usage of facial recognition by law enforcement. This ban applies to both public and private sector organizations operating, but some exceptions apply to certain voluntary “traveler functions” in the airport.
- City of Seattle Surveillance Ordinance . Implemented in 2018, this ordinance requires city agencies to submit Surveillance Impact Reports and obtain city approval before utilizing any new surveillance technology.
As you can see, Seattle’s regulatory framework for facial recognition technology is designed to protect residents’ privacy and civil liberties. For both businesses and government agencies, navigating these robust restrictions can be difficult without legal assistance.
Privacy & Consent Considerations
If you currently use facial recognition technology or are considering employing it, there are several privacy and consent issues to consider. A requirement for using facial recognition technology is informed consent, meaning that organizations are required to explain how facial recognition tools work, what data is collected, how it is used, and potential risks. Informed consent must be explicit and revocable.
Additionally, organizations using facial recognition tools must abide by the principle of data minimization , meaning they should only collect and store data for a specific purpose — not just to have. This requirement is aimed at preventing the misuse of biometric data and reduces the risks associated with serious data breaches.
Data Security & Legal Compliance
As a highly sensitive set of data, information garnered from facial recognition technology requires substantial encryption in transit and storage. Organizations must prioritize robust security measures to prevent breaches and should limit access to certain authorized personnel.
Failure to properly secure biometric data can result in non-compliance and serious legal challenges and class action lawsuits. In addition to litigation, non-compliance with data protection laws can lead to regulatory penalties and punitive actions that forever devastate non-compliant organizations.
Ethical Implications & Future Trends
If you’re interested in employing facial recognition tools, it’s important to understand why there are so many regulations surrounding this technology. Perhaps one of the biggest criticisms of these biometric data tools is that they are prone to biases and inaccuracies — especially as they pertain to minority populations. Testing for and eliminating race-based biases is critical to the ethical employment of facial recognition.
As the laws surrounding facial recognition continue to evolve, organizations are responsible for maintaining an ongoing understanding of their compliance obligations at the federal, state, and local levels. Staying up to date about the latest technological advancements regarding facial recognition and updating compliance strategies accordingly is critical.
By Design Law: Trusted Data Privacy & Cybersecurity Attorneys in Seattle, WA
Powerful technologies are a double-edged sword. Although they can push society forward, they can also suppress personal liberties. As an ethical business owner, it’s your job to navigate your usage of facial recognition technology responsibly and to comply with regulatory requirements. Fortunately, it doesn’t have to be a solo endeavor — By Design Law is here to help. Ready to get started? Schedule a consultation with a trusted data privacy attorney today.