Commercial Facial Recognition Privacy Act

Economic Questions:

  • The bill does not include government or nonprofits. A bill designed to protect consumers would know how much consumers worry about different entities having facial recognition data. Do consumer preferences justify regulating only commercial entities and not government and non-government, non-commercial groups?

  • Do we care that companies in other countries, particularly China, will be able to continue innovating in biometrics technology while U.S. companies are hampered?

  • Is there a way to encourage certain types of innovation while following the proposed law or, at a minimum, behaving in ways consistent with citizens’ preferences?

Summary: Introduced by Sens. Blunt (R-MO) and Schatz (D-HI). The legislation prohibits companies who use facial recognition technology from collecting and re-sharing data from identifying or tracking consumers without consent. The prohibitions do not apply to government.


Supporters say this gives consumers more control over what they share. “Our faces are our identities. They’re personal. So the responsibility is on companies to ask people for their permission before they track and analyze their faces,” said Senator Schatz. Prohibiting companies from using it also helps protect against potentially biased or discriminatory practices, according to Microsoft President Brad Smith.

References and Further Reading:

Blunt, Schatz Introduce Bipartisan Commercial Facial Recognition Privacy Act | U.S. Senator Roy Blunt of Missouri

WASHINGTON - Today, U.S. Senators Roy Blunt (Mo.) and Brian Schatz (Hawaii), members of the Senate Committee on Commerce, Science, & Transportation, introduced the Commercial Facial Recognition Privacy Act of 2019. The bipartisan legislation would strengthen consumer protections by prohibiting commercial users of facial recognition technology (FR) from collecting and re-sharing data for identifying or tracking consumers without their consent.

A new face recognition privacy bill would give us more control over our data

Microsoft is backing a new proposed law introduced by two US Senators that will limit how tech firms use the controversial technology.What it contains: The Commercial Facial Recognition Privacy Act of 2019 would ban users of commercial face recognition technology from collecting and sharing data for identifying or tracking consumers without their consent.

Similar laws exist in Texas and Illinois:

BUSINESS AND COMMERCE CODE CHAPTER 503. BIOMETRIC IDENTIFIERS

BUSINESS AND COMMERCE CODE TITLE 11. PERSONAL IDENTITY INFORMATION SUBTITLE A. IDENTIFYING INFORMATION CHAPTER 503. BIOMETRIC IDENTIFIERS Sec. 503.001. CAPTURE OR USE OF BIOMETRIC IDENTIFIER. (a) In this section, "biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.

740 ILCS 14/ Biometric Information Privacy Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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