Feb 262019
 February 26, 2019  Posted by  Court, Laws, Surveillance, U.S.

Jeffrey C. Skinner and Craig A. Newman of Patterson Belknap write:

The use of biometric technology is fast becoming the next big thing in privacy litigation. There was last month’s decision by the Illinois Supreme Court that upheld a consumer’s right to sue companies for collecting biometric data – such as fingerprints and iris scans – without first disclosing how such information will be used. See our blog on that ruling here.

And now, the debate surrounding the use and collection of biometric data has expanded beyond challenging the biometric collection practices in the private sector, to challenging the practices of state and local governments including law enforcement.

In Center for Genetics and Society v. Becera, a lawsuit filed late last year in California state court, two nonprofit organizations and an individual sued the state of California, challenging its DNA Fingerprint, Unsolved Crime and Innocence Protection Act (the “DNA Act”). The DNA Act authorizes the retention of DNA samples collected from people arrested on suspicion of a felony.

Read more on Data Security Law Blog.

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