Perkins Coie helps emerging and established companies navigate the complex legal issues surrounding biometric technologies and biometric data.

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Overview

Perkins Coie helps emerging and established companies navigate the complex legal issues surrounding biometric technologies and biometric data.

Businesses are rapidly bringing new biometric-based products and services to the market, and consumers are increasingly integrating those products and services into their daily lives. Companies are also developing biometric technologies for business-to-business (B2B) solutions that promise many benefits, including enhanced security and convenience.

At the same time, the legal landscape is becoming more complex and hazardous. The number of class action lawsuits targeting biometric technologies has exploded in recent years. Meanwhile, legislators in many jurisdictions are debating and enacting new laws governing biometric technologies and biometric data, while government regulators are scrutinizing biometric-based products and services more closely than ever.

Businesses are rapidly bringing new biometric-based products and services to the market, and consumers are increasingly integrating those products and services into their daily lives. Companies are also developing biometric technologies for business-to-business (B2B) solutions that promise many benefits, including enhanced security and convenience.

At the same time, the legal landscape is becoming more complex and hazardous. The number of class action lawsuits targeting biometric technologies has exploded in recent years. Meanwhile, legislators in many jurisdictions are debating and enacting new laws governing biometric technologies and biometric data, while government regulators are scrutinizing biometric-based products and services more closely than ever.

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Biometrics Webinars

As the use of biometric technologies has increased, so has the legal risk. States increasingly seek to regulate their use and litigants eagerly test the contours of existing laws.

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How We Can Help

We help our clients, including some of the world’s leading businesses, navigate this rapidly evolving environment.

Every day, we help innovative companies understand and comply with the laws governing biometric data and biometric technologies. Our counseling spans multiple sectors, including e-commerce, consumer products, security, human resources, finance, and healthcare. We have also defended many clients, and achieved favorable results, in high-stakes litigation related to biometric technologies in courts across the country. And, unlike many firms, our experience is both deep and broad. We have been advising clients on these issues for years, and our experience includes a wide range of biometric technologies, including facial recognition technologies, voiceprint technologies, and fingerprint technologies.

Our integrated Biometric Law practice team includes lawyers who focus on:

Our Services

Litigation. Several states have enacted laws addressing biometric technologies and data, and many other jurisdictions are considering such laws. The Illinois Biometric Information Privacy Act (BIPA), in particular, regulates fingerprints, voiceprints, “scans” of “face geometry,” and more, and has prompted a surge of putative class actions in recent years. Because BIPA provides for the recovery of at least $1,000 “per violation” along with injunctive relief, claims by large putative classes can pose an existential threat to almost any defendant.

Perkins Coie has successfully defended companies, from startups to the world’s leading technology companies, against a multitude of BIPA lawsuits. We are one of the few firms in the country with extensive experience defending cases involving facial recognition or alleged “face scans” and voiceprints. We have also handled many of the more common “fingerprint” cases. In addition, we have represented companies across a broad array of industry sectors, including companies that are consumer-facing and companies that offer B2B solutions. Our dedicated team has invested thousands of hours in BIPA defense work, and has researched, analyzed, and tested promising defenses in BIPA cases.

Insurance Coverage

We work closely with attorneys in the firm’s nationally recognized Insurance Recovery practice to help clients assess insurance coverage and potential indemnification rights. Our insurance attorneys have extensive experience involving the Illinois Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA), and can quickly evaluate clients' policies to determine the scope of any coverage and whether triggering coverage is advisable. We also work with our clients to advocate for control over the litigation and the selection of counsel.

Product Counseling. The regulation of biometric technologies and biometric data is changing rapidly at every government level, imposing legal obligations and risks that can be hard-to-spot and nuanced. We monitor relevant laws and closely track legal developments across the nation. Our deep and up-to-the-minute knowledge allows us to help clients comply with these laws and reduce their legal risk so they can continue providing innovative products and services.

We regularly counsel clients on compliance and best practices as they develop, protect, and license their products and services. Among other things, we are well-versed in the unique issues associated with obtaining data to train artificial intelligence (AI) models and anticipating the legal implications of utilizing biometric technology for user identification.

Regulatory. Our dedicated team also monitors regulatory developments at the federal, state, and municipal level, and we advise clients regarding regulatory risks related to biometric technologies and biometric data.

Accolades

  • Ranked nationally in Privacy and Data Security: The Elite and Privacy & Data Security: Litigation by Chambers USA from 2003 to 2022
  • Ranked Tier 1 nationally for both Information Technology Law and Technology Law by U.S. News—Best Lawyers® in 2022
  • Ranked in the Top 10 Best Law Firms for Privacy and Data Security by Vault from 2018 to 2022
  • Ranked Tier 2 nationally for Regulatory Enforcement Litigation (Telecom) by U.S. News—Best Lawyers® in 2022
  • Named as one of the top law firm Litigation Powerhouses by Law360 in 2016
  • Named a Leader among tech-savvy law firms based on corporate counsel feedback to BTI Brand Elite in 2016
  • Named Law Firm of the Year for Technology Law by U.S. News—Best Lawyers® in 2015

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