Texas Is Investigating Facebook Biometric Data Collection Practices

Last week, Facebook agreed to pay $650 million to settle an Illinois class action privacy lawsuit. The company didn’t obtain users’ consent for the “tag suggestions” feature that recognized friends’ faces, running afoul of Illinois’ 2008 Biometric Information Privacy Act.

Déjà vu? Texas Attorney General Ken Paxton is investigating FB for potentially violating Lone Star State laws on biometric data collection, Axios reported Monday.

Before we go any further, biometrics = the measurement of biological identifiers like voice, eyes, gait, fingerprints, or DNA. This is a larger conversation than just FB, which no longer scans faces by default.

Contactless identity verification is appealing for governments and companies during a pandemic. Biometric vendors have been slinging software, sensors, and scanners.

• But recall the recent facial recognition fracas. Biometric tools come with significant privacy, surveillance, and accuracy tradeoffs.

In the absence of federal guardrails, states are increasingly passing their own biometric laws. California’s CCPA, which went into effect on Jan. 1, treats biometric data like other personal info. On July 1, Florida became the first state to enact a DNA privacy law.

Looking ahead: Wya, Washington D.C.?