The increasing use of biometric technologies, such as facial recognition and voiceprints, introduces significant data security and privacy risks, along with a high risk of costly class action lawsuits. Perkins Coie’s Privacy & Security lawyers have extensive experience in biometric law, including advising clients across various sectors against BIPA violation allegations and defending companies in class actions. We provide integrated risk management, AI, and emerging technology guidance, and ongoing legal support to help clients comply with regulations and protect their businesses and stakeholders.

The Challenges:

• Complex Regulatory Environment: Laws and regulations governing biometric data can change quickly and often. This includes a growing number of state-specific laws, such as the Illinois Biometric Information Privacy Act (BIPA), which has prompted a surge of putative class actions in recent years.
• Data Security Risks in Biometric Systems: As biometric technologies like facial recognition, voiceprints, and fingerprints become more prevalent, businesses face growing challenges in ensuring robust data security and protecting user privacy.
• Specific AI Data Security Challenges: Obtaining and using biometric data to train artificial intelligence models, and utilizing biometric technology for user identification, present [specific legal obligations regarding data security and privacy] OR [unique data security and privacy vulnerabilities].
• Litigation Exposure: Companies face a high risk of costly class action lawsuits related to biometric technologies in courts across the country.

Our Capabilities:

• Technological and Industry Experience: We have long been a leader Biometric law, advising clients on a wide range of biometric technologies and across various sectors, including e-commerce platforms, technology developers, cloud services providers, banks, healthcare providers, retailers, sports franchises, and identity verification solution suppliers.
• Extensive Litigation Experience: Our seasoned litigators have a history of achieving favorable results for clients in high-stakes litigation related to biometric technologies. We have successfully defended clients, from startups to the world’s leading technology companies, against a multitude of BIPA lawsuits. We are one of the few firms in the country with extensive experience defending cases involving facial recognition or alleged “face scans” and voiceprints.
• AI and Emerging Technology Guidance: We are well-versed in the legal issues associated with obtaining biometric data for AI model training and anticipating the legal implications of utilizing biometric technology for user identification.
• Integrated Risk Management Approach: Our Biometric Law team collaborates closely with our nationally recognized Insurance Recovery practice to help clients assess insurance coverage and potential indemnification rights.
• Ongoing Legal Intelligence and Support: We regularly track legal developments across the nation to help clients comply and mitigate legal risk so they can continue providing innovative products and services and protect their businesses and stakeholders.