Matthew Baker

As biometric data usage expands across industriesโ€”ranging from facial recognition in retail and wearables to fingerprint authentication in workplacesโ€”privacy concerns and legal challenges continue to mount. The Illinois Biometric Information Privacy Act (BIPA) remains the most litigious biometric privacy law in the U.S., with multimillion-dollar settlements and ongoing class-action lawsuits, but states such as New York, Maryland, and California are introducing or strengthening their own biometric privacy regulations. Meanwhile, federal proposals and global laws like the EUโ€™s GDPR and Chinaโ€™s PIPL add complexity to compliance obligations.

This session will explore:

  • Key Legal and Regulatory Developments โ€“ The latest in BIPA litigation, new biometric laws in the U.S. and abroad, and regulatory enforcement actions.
  • High-Risk Uses of Biometric Data โ€“ Examining industries most impacted, including retail, healthcare, employment, and financial services.
  • AI and Facial Recognition Risks โ€“ Addressing ethical and legal risks in law enforcement, hiring, and consumer applications.
  • Dark Patterns & Informed Consent Challenges โ€“ How regulators scrutinize biometric data collection practices and transparency.
  • Litigation Trends and Defenses โ€“ Reviewing recent case law, damages trends, and strategies for companies facing BIPA and similar claims.
  • Best Practices for Compliance โ€“ Implementing biometric data governance, consent frameworks, and risk mitigation strategies.

As enforcement escalates and new biometric privacy laws emerge, businesses must navigate a rapidly evolving compliance landscape while balancing innovation with regulatory risks. This session provides legal professionals with actionable insights into minimizing liability, staying ahead of compliance requirements, and preparing for the future of biometric data governance.

Matthew Baker, Partner, Baker Botts

Reading Materials:

 

Matthew Baker

Partner
Baker Botts