Legislation introduced in the U.S. Senate last week would prohibit commercial users of facial recognition technology (FR) from collecting and sharing consumer data without their consent.
The Commercial Facial Recognition Privacy Act of 2019 was co-sponsored by Sens. Roy Blunt (R-MO) and Brian Schatz (D-HI), who are members of the Senate Committee on Commerce, Science, & Transportation.
“Consumers are increasingly concerned about how their data is being collected and used, including data collected through facial recognition technology,” Blunt said. “That’s why we need guardrails to ensure that, as this technology continues to develop, it is implemented responsibly. This bill increases transparency and consumer choice by requiring individuals to give informed consent before commercial entities can collect and share data gathered through FR. This legislation is an important step toward protecting privacy and empowering consumers, and I encourage all of my colleagues to support it.”
The bill would require companies to notify consumers when facial recognition is being used. It also mandates that the technology is tested and reviewed for accuracy and bias issues prior to implementation. It also restricts disseminating data to third-party entities without the consent of the end user. In addition, it would require facial recognition providers to meet data security and retention standards as determined by the Federal Trade Commission and the National Institute of Standards and Technology.
“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,” Schatz said. “Our bill makes sure that people are given the information and – more importantly – the control over how their data is shared with companies using facial recognition technology.”
Facial recognition is being developed at increasing rates and many consumers are unaware that it exists in public places and can be used to collect personally identifiable data, which can be shared with third parties.
“Facial recognition technology creates many new benefits for society and should continue to be developed,” Brad Smith, president of Microsoft, said. “Its use, however, needs to be regulated to protect against acts of bias and discrimination, preserve consumer privacy, and uphold our basic democratic freedoms. Senators Blunt and Schatz’s bill has started an important conversation in Congress about the responsible use of this technology. We’re encouraged by their efforts, applaud their leadership and look forward to working with them to develop balanced policy.”