Texas Enforcement Of Biometric Law Focuses On Artificial Intelligence

Highlights

• A single noncompliant capture of a biometric identifier could result in multiple violations of Texas Capture or Use of Biometric Identifier Act (CUBI), with a potential $25,000 penalty for each violation.
• Training data-hungry AI models with biometric identifiers is potentially high-risk.
• Companies may have obligations under CUBI when capturing the face geometry from bystanders in photographs and video or voice recordings from individuals talking in the background, even when they are not using the companies' products or services.

While many organizations are focusing their attention on compliance with the state consumer privacy laws becoming effective in 2023, they should keep in mind that the Texas Attorney General has now filed two cases in 2022 that concern the collection of biometric data, including in relation to developing or using artificial intelligence (AI) models that rely on machine learning. The potential consequences of noncompliance