BCLP Partners Lauren Caisman and Christian Auty authored an article published Jan. 14 on Law.com (subscription required) and Law Journal Newsletters reviewing biometric privacy developments over the past year. The article discusses bans on facial recognition technology, important appellate decisions, and a continued flurry of litigation showing that activity in this area increased. With new legislation proposed in at least 15 states, courts and legislatures have the opportunity to provide necessary clarity and refinement of biometric policy in 2022. "The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation — the first in the United States — taking effect Jan. 1, 2021," they wrote. "It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act that had been highly anticipated over the year. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity."
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