Chinese short-video making app TikTok is now going to collect biometric data of users in the US, including faceprint and voiceprints, as the fate of the Bytedance-owned company remains in limbo in the country. TikTok’s New US Privacy Policy: Company to Collect US Users Biometric Data, Including ‘Faceprints and Voiceprints’.
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2021 has so far been a year of conflicting impulses in biometrics law: two proposed bills in New York and Maryland would impose substantial new requirements on private entities, but in Illinois a proposed amendment would reign in that state’s existing Biometric Information Privacy Act (BIPA).BIPA is currently the only state statute that provides a
private right of action for individuals when a private entity improperly collects, stores, or discloses their biometrics. (Portland, Oregon recently enacted an ordinance prohibiting private entities from using facial recognition in places of public accommodation, and providing a private right of action for enforcement.) Since it was enacted in 2008 BIPA has become the touchstone of biometrics litigation, but its effects have largely been felt only by companies doing business in Illinois.
Seyfarth Synopsis: Following in the footsteps of New York, Maryland recently introduced a standalone biometric information privacy bill, House Bill 218, that mirrors Illinois’ highly.
As we discussed in Part I, the United States does not have a single, comprehensive federal law governing biometric data. However, we have recently seen an increasing number of states.
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Data privacy laws have made significant breakthroughs in recent years, making it a top priority for businesses. From the adoption of the European Union’s General Data Protection Regulation (GDPR) in 2016 to the enactment of the California Consumer Privacy Act (CCPA) in 2018 and the latest ballot approval of the California Privacy Rights Act (CPRA) in 2020, we continue to see data privacy laws develop and garner interest from consumers, businesses, and legislators alike.
Specific biometric privacy laws, in particular however, are often overshadowed by more general data privacy laws. As we discussed in our prior article, biometrics are physical and behavioral human characteristics (