BIOMETRIC PRIVACY LITIGATION

CD: Could you provide an overview of the rising application of biometrics in security systems and other areas? In what ways is the technology being deployed?

Bernard: Security is one of the key applications for biometric technology and is increasingly pervasive. For example, companies have begun using biometric technology to provide secure, touchless financial transactions, limit access to medications and controlled substances, screen airline passengers, screen attendees of large-scale gatherings, such as sporting events and concerts, secure buildings, prevent unauthorised entry and detect known threats, and monitor face-mask usage. Biometric technology is also increasingly used in consumer-oriented products such as smartphones, computers, locks, cars and vending machines. People also now have the option to use virtual ‘try-on’ features driven by biometric technology in retail settings, biometric-based remote proctoring in education settings, and biometric point of sale and timekeeping systems while at work.

CD: What are the key risks associated with using biometrics to identify a person by their intrinsic physical or behavioural traits? What privacy-related legal and regulatory considerations need to be made?

Oct-Dec 2021 issue

Perkins Coie LLP