How biometric regulatory changes could affect AR & VR companies
A growing number of US states are enacting specific laws to regulate the collection of biometric information.
In January 2018, Google released Arts & Culture application that matches selfies with historical artwork look-alikes. Millions of users downloaded the application. The selfie functionality, however, was not available for users located in Illinois and Texas at the time of download. Why?
While Google did not make a statement either way, it is safe to assume that the Illinois and Texas biometric privacy statutes, which regulate the collection of biometric data from users located in those states, influenced its decision.
As of February 2018, only three states, Illinois, Texas and Washington, have enacted specific laws regulating the collection of biometric information — such as retina or iris scans, fingerprints, voiceprints or hand and face geometry. The legal landscape, however, is changing rapidly.
At least six other states are considering enacting their own specific biometric privacy bills: Alaska, Connecticut, Arizona, California,Massachusetts and New Hampshire. Across the pond, companies have started preparing for the new data protection regime coming into force in May 2018, the General Data Protection Regulation (the “GDPR”). A number of non-EU countries have also furthered the trend, enacting biometric privacy laws or issuing updates on the collection of biometric data.
As a result of these developments, AR and VR companies are now expected to consider the location of their consumers and tailor their activities accordingly. Understanding what constitutes adequate biometric disclosures in the US and abroad will be necessary to achieve recognition as both cutting-edge and responsible developers.
Our full article can be viewed here. We begin with a brief introduction to the types of biometric data collected by AR & VR companies. We then set out the framework for biometric data collection regulation in the US and the EU and review how these statues are impacting collectors of biometric data.
Finally, the article concludes with thoughts on best practices for AR & VR companies targeting consumers both domestically and abroad. The key take-away: collect what you ask for.
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