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VLP Partner Melissa Krasnow Quoted in Bloomberg Law Article “Meta’s Facial Recognition Lawsuit Underscores Enforcement Risk”

Posted on Feb 16, 2022 in Privacy, News by Melissa Krasnow

VLP Partner Melissa Krasnow was quoted in the Bloomberg Law Article “Meta’s Facial Recognition Lawsuit Underscores Enforcement Risk.”

The article discusses the Texas attorney general’s lawsuit against Meta Platforms Inc. over facial-recognition technology, spotlighting a big enforcement risk for companies around the use of facial geometry, fingerprints, and other biometric identifiers. In this lawsuit, Facebook and Instagram are alleged to have monetized people’s faces without their consent and to have maintained a facial-geometry database. The Texas biometric privacy law, unlike that of Illinois, doesn’t have a private right of action that gives consumers the right to sue.

According to Ms. Krasnow: “This is a big statement given the heft of Texas and the heft of Meta, and it could embolden other state attorneys general to pursue investigations using their own deceptive trade practices laws….[t]his is certainly a cautionary tale for other companies.”

Ms. Krasnow said “….companies are likely to face large volumes of BIPA litigation in Illinois and should work to ensure they are compliance with that law…[t]he same goes for complying with biometrics requirements in the California Privacy Rights Act and in the Colorado and Virginia privacy statutes once those take effect next year.”

Click here to read the article.