In comments to the California Attorney General on proposed regulations to the California Consumer Privacy Act, EPIC backed provisions that would strength consumer protections and identified topics for future action, such as the creation of data protection agency. EPIC's comments followed from its recent report on federal privacy legislation, Grading on a Curve: Privacy Legislation in the 116th Congress. EPIC has long supported state efforts to establish strong privacy safeguards, and opposed federal preemption. EPIC's State Policy Project provides expertise to the states to help shape effective privacy laws.
Customs and Border Protection has removed its proposal to require U.S. citizens to undergo mandatory face recognition at airports, following widespread protest. Currently, only foreign nationals are required to undergo facial screening at airports. According to a CBP spokesperson, the agency has "no current plans to require U.S. citizens to provide photographs upon entry and exit from the United States," and that it "intends to have the planned regulatory action...removed from the unified agenda next time its published." Senator Ed Markey previously blasted CBP's proposal. After CBP reversed its proposed plan, Senator Markey stated "we cannot take our right to privacy for granted. Americans still need protection from facial recognition technology..." and that the planned to introduce legislation to ban biometric surveillance. EPIC is pursuing a lawsuit to uncover documents about the opt-out procedures in CBP's Biometric Entry-Exit program. Congress has explained to Congress and the agency that its Biometric Entry-Exit program unfairly burdens travelers exercising their rights to opt-out of biometric identification. EPIC recently launched a global campaign calling for a moratorium on the use of face recognition for mass surveillance.
Facebook has filed a petition asking the Supreme Court to review a decision that allows lawsuits against Facebook for the unlawful collection of facial images. In Patel v. Facebook, the Ninth Circuit held that that an Illinois biometrics law protects "concrete privacy interests" and that violations of the law "pose a material risk of harm to those privacy interests." EPIC filed an amicus brief in the case, arguing that users can sue companies that violate rights protected by privacy laws. EPIC has long advocated for limits on the use of biometric data and has opposed Facebook's use of facial recognition software. EPIC and others recently called for a global moratorium on facial recognition. EPIC recently launched a campaign and resource page to ban face surveillance.
