News and Analysis of Artificial Intelligence Technology Legal Issues

Distributed Artificial Intelligence Systems, Edge Computing, and the Extraterritoriality Doctrine: Testing the Reach of State Privacy Laws

In Patel v. Facebook, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit affirmed a decision by the U.S. District Court for the Northern District of California granting class certification to users of Facebook who alleged that Facebook’s collecting and storing of their face scans using facial recognition technology violated Illinois’s Biometric Information Privacy Act (“BIPA”). In doing so, the panel, based in San Francisco, relied on BIPA’s legislative history to conclude that, “it is reasonable to infer that the [Illinois] General Assembly contemplated BIPA’s application to individuals who are located in Illinois, even if some…

Image of web cam pointed at interviewee

Does Illinois’ Artificial Intelligence Video Interview Bill Fully Address Biometric Data Privacy Concerns?

Developers of artificial intelligence-based video interviewing systems promote their technology as one that helps human resource professionals on-board new talent faster, less expensively, and with greater insight compared to traditional human-only interviewing techniques. They also contend that their systems can avoid some of the potential implicit biases that may appear before, during, and after interviews, thus reducing risks to companies while leveling the playing field for qualified job applicants. But because those AI system have the potential to collect, store, and use data reflecting a job candidate’s face and voice, lawmakers in Illinois passed the Artificial Intelligence Video Interview Act…