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Limitation of Liability
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The Federal Trade Commission's May 18, 2023, policy statement warns that false or unsubstantiated claims about the accuracy or efficacy of biometric information technologies or about the collection and use of biometric information may violate the FTC Act.
What are triggers for the FTC?
- Failing to assess foreseeable harms to consumers before collecting biometric information;
- Failing to promptly address known or foreseeable risks and identify and implement tools for reducing or eliminating those risks;
- Engaging in surreptitious and unexpected collection or use of biometric information;
- Failing to evaluate the practices and capabilities of third parties, including affiliates, vendors, and end users, who will be given access to consumers’ biometric information or will be charged with operating biometric information technologies;
- Failing to provide appropriate training for employees and contractors whose job duties involve interacting with biometric information or technologies that use such information; and
- Failing to conduct ongoing monitoring of technologies that the business develops, offers for sale, or uses, in connection with biometric information to ensure that the technologies are functioning as anticipated and that the technologies are not likely to harm consumers.
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