FTC Signals Greater Scrutiny Of Biometric Information And Technologies In New Policy Statement

On May 18, 2023, the Federal Trade Commission (FTC) adopted a Policy Statement on biometric information that details its "significant concerns" arising from the increasing use of biometric information and technologies that use (and "purport to use") biometric information. The statement also affirms the FTC's commitment "to combatting unfair and deceptive acts" related to the collection and use of biometric information and marketing and use of biometric technologies. The Policy Statement outlines the FTC's view that Section 5 of the FTC Act provides authority over consumer protection risks related to biometric information and provides a non-exhaustive list of factors the FTC will consider when examining business practices. Given the broad sweep of what the FTC views as "biometric information" and the factors it identifies as pertinent to whether a business has engaged in unfair or deceptive acts-both of which go beyond obligations under existing state and