The FTC released a study and guide on facial recognition technology, and provided guidance on notice, transparency and options required when making use of, storing and sharing facial recognition information.  The case studies included a basic use (for example, a face is scanned and then the user may make changes to see what hair, clothes, jewelry or other things look like), a more advanced use – an interactive kiosk that takes a picture of a consumer, assesses their age and gender, and presents an advertisement specifically for that consumer, and finally an example of use of facial recognition in social media and sharing those images (a la Facebook).

Anyone making use of facial recognition technology should consult these guides as they would any other FTC advertising or privacy guide, before they commence collecting, using or sharing facial recognition images.

For more information on privacy law compliance, contact Mike Oliver or Kimberly Grimsley.