FTC Policy Statement On Use Of Biometric Information Technology Lays The Groundwork For Future Enforcement Activity

On May 18, the Federal Trade Commission (FTC) published a policy statement identifying practices that it will scrutinize in evaluating whether a business's use of biometric information technology constitutes an unfair or deceptive practice under the FTC Act, 15 U.S.C. § 45 (Section 5). The FTC issued the statement in response to the proliferation of biometric information technologies, which the FTC believes raises "significant concerns with respect to consumer privacy, data security, and the potential for bias and discrimination."

While FTC policy statements do not themselves carry the force of law, they do set out the Commission's interpretation of what type of business conduct may violate Section 5 (which prohibits both "deceptive" and "unfair" acts and practices in commerce) and other laws and regulations. This latest action follows closely on the heels of a joint statement released by the FTC and three other federal agencies about enforcement efforts against