Dec 152017
 
 December 15, 2017  Court, Surveillance

W. Scott Kim and Craig A. Newman write:

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing them to play side-by-side with basketball stars in a popular video game.

In Santana v. Take-Two Interactive Software, no. 17-303, 2017 U.S. App. LEXIS 23446 (2d Cir. Nov. 21, 2017), the U.S. Court of Appeals for the Second Circuit rejected privacy claims made under the Illinois Biometric Information Privacy Act (“BIPA”), which governs the collection, storage, and dissemination of an individual’s “biometric identifiers” and “biometric information” by private entities. The statute defines a “biometric” identifier as a “retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.”

Read more on Patterson Belknap Data Security Law Blog.