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. . .
cause of action against the Private Entity . . . for
damages sustained as a result of the violation or
$1,000 per day for each day of violation,
whichever is greater and such other remedies as may be appropriate . . . [and] a court may award to the plaintiff who prevails . . . a reasonable amount . . . [of]
attorney fees . . . .”
Facial recognition technologies like other emerging biometric technologies can be useful business tools. These programs match a human face from a digital image against a database of facial images to identify or verify the identity of an individual. Organizations may use facial recognition technology in a wide variety of circumstances: to prevent retail crime, to find missing persons, to target advertising, to validate identities of employees or customers, or to perform health screenings at large events. Personal devices and applications may also use facial recognition technology to maintain security and facilitate authorized user access, f
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In an effort to ameliorate the potential discriminatory impact of facial recognition technologies on people of color, women, and other groups, Portland, Ore., recently joined a growing number of jurisdictions limiting the use of facial recognition technology.
The ordinance, which went into effect on January 1, 2021, is the first in the country to prohibit certain uses of these technologies by private businesses. Another ordinance banning the use and acquisition of face recognition technologies by all City of Portland bureaus and offices went into effect last September.
Businesses that use facial recognition technologies within Portland need to evaluate and potentially cease their use of these technologies.
Portland, Oregon’s Facial Recognition Ordinance Goes Into Effect January 1, 2021
Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition technologies in Portland.
Portland’s new ordinance, which goes into effect on January 1, broadly prohibits the use of face recognition technologies by private entities in places of public accommodation. Violators can be sued and are subject to damages and other relief, including statutory damages of up to $1,000 per day of violation.
The one-of-a-kind ordinance bans private entities from using face recognition technologies to address concerns that they could be used in a way that is discriminatory or that could otherwise harm Black, Indigenous, and People of Color communities. The ordinance recognizes that the technology is improving, but seeks to implement “safeguards until better infrastructure and policies are in place.”
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