On January 11, 2021, the Federal Trade Commission (FTC or the
“Commission”) announced it reached a
proposed settlement with Everalbum, Inc.
(“Everalbum”), a developer of a photo app, to resolve
allegations that the company deceived consumers about its use of
facial recognition technology.
The settlement highlights the FTC's focus on biometric
data and increased scrutiny regarding facial recognition
technology. Specifically, in announcing the settlement, the FTC
stated that facial recognition technology can turn photos into
“sensitive biometric data” and emphasized that ensuring
companies keep their promises regarding the use of biometric data
will be a “high priority for the FTC.” Additionally,
while the proposed settlement was approved by all five FTC
Commissioners, Commissioner Rohit Chopra issued a
separate statement criticizing facial recognition technology
and expressing support for a moratorium or restrictions on the use
of such technology.
