Legaltech News: Facial Recognition Bans Could Intensify Scrutiny Over Private Sector’s Tech

July 02, 2020

O’Melveny special counsel Scott Pink was interviewed by Legaltech News about the impact of expanding local bans on facial recognition software and what a California bill could mean for tech developers.

Boston is now the second-largest US city to ban the use of facial recognition software as public discourse heightens over police protocol and surveillance tech, this article reported. As for how such government bans will affect the private sector, Pink noted, “They don’t have a direct impact. I think it depends on how they’re being used. There’s certainly a comfort level for certain kinds of security, such as access to a cellphone or those types of things, which a consumer may have control over. But these bans might impact other usage in the private sector. [Such as] how is this being used in allowing access to a facility or things that might be akin to how law enforcement uses it.”

Pink also commented on his approach to advising clients on these privacy matters: “When you start getting into the biometric area, I generally will tell clients notice of consent is advisable in general. [It] may not be required but is often advisable to do that so consumers are completely comfortable in how their data is being used,” he said. “However, I do think the California Assembly Bill 2261 is an effort, at least by California, to put some parameters around the use of technology and incorporate the concept of consent except in certain circumstances, and demonstrating accuracy.”

Law.com subscribers can read the full article here.