Biometric Law
As businesses continue rapidly introducing biometric-based products and services, legal challenges and even new regulations arise, increasing scrutiny and complicating the landscape with class-action lawsuits.
Perkins Coie helps steer businesses through the intricate legal challenges of biometric technologies and biometric data.
We advise some of the world’s leading businesses in the rapidly evolving environment of biometric law. Our lawyers are well equipped to help clients protect their interests, secure data, and maintain regulatory compliance and we have long been a leader in this space, advising clients on a wide range of biometric technologies, including facial recognition technologies, voiceprint technologies, and fingerprint technologies.
We assist clients across sectors, including e-commerce, consumer products, security, human resources, finance, and healthcare. With a team of seasoned litigators, we have achieved favorable results for clients in high-stakes litigation related to biometric technologies in courts nationwide.
Several state laws, including the Illinois Biometric Information Privacy Act (BIPA), have been enacted to address biometric data. BIPA, in particular, regulates fingerprints, voiceprints, “scans” of “face geometry,” and more and has prompted a surge of putative class actions in recent years. Because BIPA provides for the recovery of at least $1,000 “per violation” along with injunctive relief, claims by large putative classes can pose an existential threat to almost any defendant.
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. In addition , we are well-versed in the issues associated with obtaining data to train artificial intelligence models and anticipating the legal implications of utilizing biometric technology for user identification.
Our firm works holistically as one team. Our Biometric Law lawyers collaborate closely with our nationally recognized Insurance Recovery practice to help clients assess insurance coverage and potential indemnification rights. The insurance team has extensive experience with BIPA and the California Consumer Privacy Act and can quickly evaluate policies to determine coverage scope.
Government regulation regarding biometric technologies and biometric data is nuanced and rapidly changing. As a trusted partner to clients, 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.
How we help clients
- Maintain regulatory compliance
- Defend clients against a multitude of BIPA lawsuits
- Help clients assess insurance coverage and potential indemnification rights
- Litigation related to biometric technologies
- Assess insurance coverage and potential indemnification rights
